47(*).1. The Agreements of Ordinary Session No. 1-2009 of January 28, 2009, published in La Gaceta No. 46 of March 6, 2009, and the Sixth Agreement of ordinary session No. 04-2018 of June 15, 2018, are hereby rendered void.
(*) (Thus modified its numbering in ordinary session of the Board of Directors of the Fondo Nacional de Financiamiento Forestal held on May 17, 2023, third agreement. Previously indicated: "42.1") (Thus modified its numbering in Sessions No. 07-2020 and 08-2020 of August 12, 2020, and September 9, 2020, which transferred it from former Article 42 to 47) ANNEXES Below are the technical standards and mandatory compliance provisions for applicants, beneficiaries, forest regents (regentes forestales), forestry professionals, and organizations, to execute the modalities of Recovery and Maintenance of Forest Cover (Recuperación y Mantenimiento de la Cobertura Forestal). Additionally, the annexes include forms and formats for the different activities.
ARRANGEMENTS AND LIST OF ACCEPTED FOREST SPECIES FOR THE ESTABLISHMENT OF TREES IN SAF.
For the following arrangements, the list of accepted forest species for the establishment of forest trees in SAF and the maximum number of trees per hectare and/or kilometer to be established. The arrangements accepted in this activity are:
a. Species considered to be of multiple use or dual purpose are those that provide an addition of the normally expected products and services, such as nutrient fixation like nitrogen, microclimatic influences, soil improvement, addition of organic matter, provision of products, forage, edible products for humans, gums, fibers, and medicinal products, among which are the following: Erythrina sp, Inga sp, Gliricidia sepium, and Leucaena leucocephala. Timber species are all those species that meet the definition of a forest tree as indicated in the Regulations to the Forestry Law (Reglamento a la Ley Forestal) and that strongly contribute to the fixation of greenhouse gases.
b. Trees in association with perennial crops such as coffee, cacao, plantain, oil palm. Tree density between 40 and 277 trees per hectare (spacing of 10 X 25 or 6 X 6); for palm heart, plant between 50 and 60 timber trees per hectare (13 X 13 or 14 X 14). Wherein 80% of the trees are of multiple use and 20% are timber species, to promote cultivation with high-value timber trees and thereby increase the economic and social value of the arrangement. When applicable.
c. Trees in association specifically with perennial crops such as pepper and vanilla, only multiple-use species may be included as support tutors; provided that timber species are included in association within the arrangement. Tree density between 40 and 277 trees per hectare (spacing of 10 X 25, 2 X 2, or 6 X 6 depending on the crop requirement).
d. Trees in association specifically with citrus, it is recommended to plant the citrus at a distance of 7 x 5 meters, and the forest species trees are placed every 2 orange plants with a spacing of 7 x 15 meters.
e. Trees in rows only for silvopastoral systems, with a tree density between 333 and 500 trees per km (5 X 6 or 4 X 5), maximum three rows of trees along the contour of the farm. Wherein 80% of the trees are of multiple use and 20% are timber species.
f. Trees in live fences, only multiple-use species may be considered, consisting of planting dual-purpose species for the delimitation of paddocks or properties, almost always complemented with the use of barbed wire, 166-250 trees per linear kilometer (one stake every 4 to 6 meters). But they must have part of the component with at least 20% timber species.
g. Windbreak curtains to be used by farmers for productive purposes and environmental protection. They are defined as the establishment of one or more rows of trees and/or shrubs arranged in different strata, between 666 and 1,000 trees per km, the high stratum specifically with timber species that reach heights greater than the two strata, such as: Eucalyptus sp, Casuarina sp, Cupressus lusitánica, Pinus sp. The medium stratum with species such as: Eugenia malaccensis, Eugenia jambos, Tapiria brenesii, Mosquitoxylon jamaicense, Diphysa robinioides, Randia armata, Billia colombiana, Prunus annularis, Panopsis suaveolens, Ardisia compresa, Croton niveus.
The low stratum with species such as: Eugenia jambos, Croton niveus, Trichilia glabra, Montanoa dumicola, Ligustrum lucidum.
h. Trees in taungya systems and improved fallows specifically in indigenous territories, consisting of planting crops during the establishment phase of forest plantations, fruit trees, or perennial crops such as coffee and cacao.
i. Arrangements may be combined within a farm, provided they do not exceed the farm's capacity.
j. In SAF-PAF projects, agroforestry and silvopastoral projects established on small and medium-sized farms will be recognized; the following arrangements will apply for this sub-activity: blocks with a minimum of 625 trees and a maximum of 3,333 trees; rows with crops with a minimum of 500 trees and a maximum of 2,500 trees; rows with livestock with a minimum of 500 trees and a maximum of 1,430 trees. A greater number of trees per arrangement than those established above will not be accepted, as it corresponds to a combination in which there is an agricultural/livestock component that must also be considered in management.
k. In SAF mixed systems projects, the forest and multiple-use species authorized by Fonafifo will be used; including trees that have regenerated in the paddocks; provided they are timber species. If required, Fonafifo will evaluate the incorporation of species not contemplated in the lists established in this manual. The rule will be maintained that at least 20% of the included trees correspond to timber species, and the remaining 80% must be multiple-use tree species included in the current procedures manual.
l. In SIPMABE projects, SAF arrangements in rows and blocks will be recognized, which must be established in time and space with the respective agricultural/livestock component.
(Thus added the preceding paragraph through Session No. 9 of October 8, 2025)
INSTRUCTIONS FOR THE APPLICATION FOR ADMISSION TO THE PSA PROGRAM Date: _________________ Attention Regional Office:
By this means, I submit the application for admission to the Payment for Environmental Services Program (Programa de Pago de Servicios Ambientales) - PSA, for which I indicate the following aspects:
I. Applicant's Data (may be an individual or legal entity)
Full name: _______________________________________________ ID No.: ___________________________________________________ Full marital status: _____________________________________________ Profession or occupation: ________________________________________________ Exact address: _________________________________________________ Cell phone and/or telephone No.: _____________________________________________ Fax No.: _________________________________________________________ Email: ________________________________________________ Socioeconomic aspects of each applicant and co-owners Date of birth: ___________________ Education level: _______________ No. of children: ___________________________ Nationality: _______________ (In case of co-owners, you may attach separate sheets with this data)
II. Legal Representative's Data (in the case of legal entities)
Full name: _______________________________________________ ID No.: ___________________________________________________ Full marital status: _____________________________________________ Profession or occupation: ________________________________________________ Exact address: _________________________________________________ Conditions of representation: ____________________________________ Cell phone and/or telephone No.: _____________________________________________ Fax No.: _________________________________________________________ Email: ________________________________________________ Socioeconomic aspects of the legal representative Date of birth: ___________________ Education level: ________________ No. of children: ____________________ Nationality: _______________
III. Name of the organization that will provide technical advisory services
Full name: ________________________________________________ Cell phone and/or telephone No.: _____________________________________________
IV. Data of the farm and area or trees to request according to the PSA Sub-activity to be selected
V. Selection of the PSA Sub-activity
Mark with an X only one option**:
Protection: ( ) Forest management: ( ) Natural regeneration: ( ) Fast-growing reforestation: Industrial (..), packing ( ) Medium-growing reforestation: Industrial (..), Own Resources ( ), Expanded Reforestation ( ) Reforestation endangered species ( ) SAF-PAF Projects: ( ) SAF- Mixed Systems Projects: ( )*** Agroforestry Systems: SAF ( ), SAF coffee ( ), SAF Species ( ), Blocks ( ) Types of SAF arrangement: __________________ (mandatory to indicate the type of arrangement) Other new sub-activities: __________________________________
VI. Indicate the means for receiving notifications: email and/or fax (this data is mandatory)
_______________________________________________________________ *: In case of more farms or property folios, the area or trees to be included in each farm must be indicated in the Other farms field.
**: This is an application for admission for each PSA sub-activity. Second-harvest projects are included in fast or medium-growth projects, according to the type of species.
***: In this case, both the area per sub-activity and the number of trees must be indicated in a single application for admission.
Submission of this application does not obligate this Regional Office to approve the entry application on the spot, as it requires verification of legal and technical aspects, compliance with prioritization criteria and resource availability for this Program, and in accordance with the provisions of current legislation.
The Regional Office has a period of 60 calendar days for the assessment of entry applications, starting from the closing date of the annual reception, to begin the assessment of applications in the Assessment Matrix established in the current resolution or decree, for their notification and to proceed or not with the respective process.
Furthermore, the applicant must sign the Informed Consent required to comply with Ley N° 8968 Protección de datos de los habitantes- PRODHAB.
Attach a copy of the cadastral plan, fully copied on both sides (with the geographical location of the farm visible).
Application: Complete Incomplete _______________________________________ Signature of the applicant or legal representative
INSPECTION REPORT OF OFFICIALS OF THE FONDO NACIONAL DE FINANCIAMIENTO FORESTAL FOR FARMS UNDER POSSESSION
I. ENTRY APPLICATION
__________________________
II. APPLICANT
__________________________
III. PLAN NUMBER
__________________________ The undersigned, ________, holding the position of ___________, of the Fondo Nacional de Financiamiento Forestal, consider according to the terms of the inspection carried out, that ___ there are elements that distort what was indicated by the applicant in the technical and legal documents submitted.
Place, date, and signature * Note: It is necessary to identify at least two of the adjoining landowners.
PROVISIONS FOR PREPARING THE CERTIFIED TECHNICAL STUDY FOR REFORESTATION AND BLOCK PROJECTS.
The undersigned ____________, Professional ID No. ______, In my capacity as forest regent (regente forestal), with fidelity bond (póliza de fidelidad) No. ______, covered under Ley Forestal N° 7575, its regulations, its amendments, and current standards. I certify the content of the following technical study:
1. Include the name of beneficiaries, identification numbers, registered plot number(s) (folio(s) real(es)), plan number(s), total area(s) of the registered plot(s), current land use, administrative location, and the exact address of the farm(s), registered adjoining landowners.
2. Indicate the sub-activity and the application number previously assigned by the respective Regional Office. Changes cannot be made between the sub-activities proposed in the Technical Study and the project establishment; unless prior written notification is given to the Regional Office, so that the required adjustments or contract amendments are made.
3. Indicate whether the area to be submitted is within a protected wilderness area (área silvestre protegida), stating its name.
4. Describe the site, access to the property, slope, stoniness, soil depth, and access within the farm. Based on these criteria, proceed to support the site quality for developing the PSA contract for the proposed activity.
5. Take soil samples from the area to be submitted to PSA and attach the results of the soil study from a recognized laboratory.
6. Must show the interpretation of the soil analysis and indicate, when applicable, the recommendations for soil preparation, acidity correction, fertilization, and other actions required according to the analysis results.
7. Carry out an assessment of the physical-environmental, ecological, and silvicultural factors, with which the species, planting sites, and their management must be recommended.
8. Include the common and scientific name of the species to be used in the plantations, and clearly indicate each species in each area, for each registered plot (folio real); as well as the planting density of each species, duly justified; with priority given to species with genetic improvement certified by the ONS.
9. In all cases, must detail the recommendations for the correct preparation of the land—before and during planting—together with a program of maintenance activities and silvicultural management during the term of the project.
10. Must demonstrate that top-quality, vigorous, uniform-sized, and healthy genetic material for the proposed species will be available, in sufficient quantity to supply the establishment of the project to be developed. Must indicate the type of reforestation material to be used (seedling (plántula), cutting (estaca), or other vegetative material). Consider that species with different growth rates cannot be mixed.
11. In those contracts with endangered species, demonstrate that top-quality, vigorous, uniform-sized, and healthy material will be available in sufficient quantity to supply the establishment of the project to be developed. If this is not the case, this contract cannot be formalized.
12. In reforestation projects based on coppice management (manejo de rebrotes) (second harvest), exclusively for Tectona grandis, indicate the effective area per species, coppice selection date, and survival percentage. Must detail the phytosanitary status and seedling form; and certify the genetic quality of the original genetic material with which the first plantation rotation was established.
13. For the sub-activity PFTRR, only fast-growing species are accepted with a minimum initial density of 625 trees per hectare, using top-quality, vigorous, uniform-sized, and healthy genetic material. The establishment method of coppice management (manejo de rebrotes) is also permitted, provided it complies with the provisions of section m of article 2 of Decreto Ejecutivo Nº 39083-MINAE published in La Gaceta Nº 143 of July 24, 2015.
14. For the block sub-activity, only fast-growing species are accepted with a minimum initial density of 625 trees per hectare, using top-quality, vigorous, uniform-sized, and healthy genetic material, whose material origin is certified by the ONS.
15. Specifically, in PFTRR projects, a schedule must be submitted with management activities from the average planting date until the final harvest (72 months). The final harvest may in no case be carried out before 72 months of age, counted from the planting date.
16. Specifically, in block projects, a schedule must be submitted with management activities from the average planting date until the final harvest (60 months). The final harvest may in no case be carried out before 60 months of age, counted from the planting date.
17. In all cases, an annual schedule of the proposed silvicultural activities to be executed during the first five years of the project for each proposed species must be provided, and the required silvicultural recommendations up to the final harvest must be left.
18. Must include a sketch of the property with the location of the land to be submitted to PSA, the PSA area, and the corresponding vertex numbering. The system used and its accuracy must be indicated. The sketch of the effective PSA area, as well as the sketch of the entire plan, must be submitted in print and digitally. In the event that the area to be submitted to PSA corresponds to the total area of the farm, the presentation of the certified cadastral plan will suffice.
19. The scales to be used for areas under thirty hectares must be 1:5,000 to 1:10,000. For larger areas, scales may be used at the professional's convenience.
20. Only plans whose displacement in cartographic location does not exceed 500 meters, with respect to what is indicated on the plan and the real location of the farm, will be accepted. In cases exceeding 500 meters, a certification issued by a licensed surveyor indicating the correct location of the plan must be attached.
21. The location and quantification of the areas occupied by other land uses (existing infrastructure, protection zones, etc.) must be shown, provided these are within the blocks or areas to be planted.
22. Digital files must be provided under the following conditions:
22.1. Farm perimeter file a. The shapefile polygon of the perimeter of the farm or farms applying to the PSA program must be provided. It must be a single file, which includes in the attribute table (.dbf), column A, named "plano" text type, where the plan number indicated in the application is included; column B, named "hectareas" real type, where the total plan area per farm or farms is included. The format to follow is:
*Column names are in lower case. NO accents, blank spaces, or other strange characters are accepted in the column titles.
b. The shapefile must be named with the application number assigned by the Regional Office, including the letter "c" at the end of the name (e.g., CA01-0001-19c).
c. The shapefile must be delivered on any electronic medium provided the delivery date can be corroborated and corresponds to the submission date of the technical study.
22.2. PSA area file a. The file must be in Shape file format (containing at minimum the extensions shp, shx, prj, dbf) polygon. Other formats will not be accepted.
b. The shapefile must be named with the application number assigned by the Regional Office (e.g., CA01-0001-19).
c. A single polygon shapefile must be submitted that includes in the attribute table (.dbf), column A, named "plano" text type, where the plan number included in the application is entered; column B, named "uso" numeric type, which shall only be filled with the numbers indicated in the Land Use Catalog; column C, named "hectareas" numeric type, with the data quantifying the area in hectares according to the farm's land use; and Column D, named "detalle" text type, where a brief description is included. The format to follow is:
| A | B | C | D |
|---|
| plano | uso | hectareas | detalle |
*Names are in lower case. NO accents, blank spaces, or other strange characters are accepted in the column titles.
**In column C (hectares), the sum of the areas must equal the total farm area. A tolerance range of +/- 1 hectare will be permitted.
d. To standardize the type of information required in the polygon shapefiles, the numbering to be used according to the Land Use Catalog to be implemented is indicated below:
| USO | Descripción |
|---|
| 1 | PSA Area |
| 2 | Rest of Farm Area |
| 3 | Road Area |
| 4 | Watercourse Area |
| 5 | Area of other (those land covers not considered in points 2-3 and 4) |
e. The shapefile must be presented geo-referenced in the CRTM05 coordinate system (made official through Decreto N° 33797-MJ-MOPT, published in La Gaceta N°108 on Wednesday, June 6, 2007).
f. The shapefile must be delivered on a compact disc, or any other electronic medium, provided the delivery date can be corroborated and must correspond to the submission of the technical study.
22.3. In both cases, the polygons must be delivered without topological errors (open polygons, gaps between the polygon edges, showing slivers or overlapping polygon edges). If any error is found, notification will be given for its due correction using the deadlines provided for in the administration; if it persists, the application will be filed away.
23. Prepare the technical study based on the legal area of the land, that is, the 'agrarian area' (superficie agraria), defined as the area of a portion of land determined by the horizontal projection of its perimeter.
24. Express statement of the existence of other current PSA contracts on the same farm, indicating the area or number of trees, the location, and certifying the capacity of the contracts.
25. Certify in the case of existing leases, that the PSA areas are excluded from the leased areas, this in the event that it is the property owner applying for entry into the PSA. Otherwise, certify that the leases effectively correspond to PSA areas requested by the tenants who will form part of the PSA contract.
26. The technical study must be prepared on security paper, contain the name, professional ID number, seal, and signature of the responsible professional, the date of preparation, and have the respective stamps.
27. The corrected technical study will be submitted only once, including the content of the entire technical study, not just the requested correction, on security paper and with the respective stamps.
28. Must indicate the number of signs to be installed, at least 1 per 50 ha, which must contain the following information: name of the beneficiary, sub-activity, PSA area or number of trees submitted, and forest contract number.
29. Indicate the status of the boundaries and the fire prevention activities executed.
30. For fast-growth reforestation contracts, the regent (regente) must submit reports certifying their status at years 8 and 10; for medium-growth and other species projects, reports must be submitted at years 8, 12, and 16.
PROVISIONS FOR PREPARING THE CERTIFIED TECHNICAL STUDY FOR SIPMABE PROJECTS.
The undersigned ____________, Professional ID No. ______, In my capacity as forest regent (regente forestal), with fidelity bond (póliza de fidelidad) No. ______, covered under Ley Forestal N° 7575, its regulations, its amendments, and current standards. I certify the content of the following technical study:
General Data
| Owner ID |
|---|
| Province Canton District |
| Registered Plot No. |
| Cadastral Plan No. |
| Total Area (ha) |
| Farm Address |
| Application No. |
| Arrangement Layout ( ) Rows ( ) Block |
Detailed description of the associated agricultural/livestock component, indicating the crops present at the start of the project that will be established, by completing the following table.
| Livestock | (Meat-Milk-Dual Purpose) |
|---|
| Crops | Perennial: |
| Seasonal: |
| Component management according to the arrangement |
| Other | |
| Water Resources | Presence of rivers () Presence of streams () Water bodies () Springs (nacientes) () Water collection sources () |
Description of current land use 1. Describe the site, access to the property, slope, stoniness, soil depth, and access within the farm. Based on these criteria, proceed to support the site quality for developing the PSA contract for the proposed activity.
Description of the forest interest area
| Species to plant (Common and scientific name) | A B C | |
|---|
| Effective planting area | Hectares () A B C | Linear meters () A B C |
| Planting site description (stoniness, soil depth) | | |
| Planting density | 625 ( ) 714 ( ) 833 ( ) | |
Topographic classification of the planting area*
| Block | Average Slope (%) | Description |
|---|
· Sites with a slope exceeding 35% will not be permitted.
Waterlogging or flood categories
| Category | | Mark (X) | Description |
|---|
| None | | | |
| Slight | | | |
| Moderate | | | |
| Severe | | | |
| Very Severe | | | |
Fire risk categories
| Category | Mark (X) | Description |
|---|
| Low | | |
| Medium | | |
| High | | |
2. For SIPMABE projects in blocks equal to or larger than 5 hectares, soil samples must be taken from the area to be submitted to PSA and the results of the soil study from a recognized laboratory must be attached. The interpretation of the soil analysis must be provided, and when applicable, recommendations for soil preparation, acidity correction, fertilization, and other actions required according to the analysis results must be indicated.
Note: For planting areas equal to or larger than 5 hectares, one sample must be taken for every 5 hectares. For productive rows, the soil study is not necessary.
Project technical viability Species per registered plot and number of trees
| Species | Registered Plot | No. of Trees |
|---|
| Total | | |
Genetic material
| Material Type | Material Origin | |
|---|
| Seedling (seed) | ( ) | |
| Clone | ( ) | |
Access routes and industry location
| Location of industries or markets | | | |
|---|
| Name* | | Distance (km) | |
| Name* | | Distance (km) | |
| Access routes | | | |
| Access route to farm and its condition | Ballast ( ) Paved ( ) Dirt ( ) Excellent ( ) Good ( ) Fair ( ) Poor ( ) | | |
| Internal road and its condition | Ballast ( ) Paved ( ) Dirt ( ) Excellent ( ) Good ( ) Fair ( ) Poor ( ) | | |
3. For the sub-activity SIPMABE, only fast-growing species will be accepted with a minimum initial density of 625 trees per hectare, using quality, vigorous, uniform-sized, and healthy genetic material; and a maximum of 833 trees per hectare.
4. Specifically, for SIPMABE projects, a schedule must be submitted with management activities from the average planting date until the final harvest (72 months). The schedule must include quarterly activities during the first year; semi-annual activities during the second year; and annual activities from the third year until the end of the rotation.
5. Must include a sketch of the property with the location of the property to be submitted to PSA, and the existence of other current PSA contracts. The sketch must contain the effective PSA area, as well as the outline of the plan.
6. Only plans whose displacement in cartographic location does not exceed 500 meters, with respect to what is indicated on the plan and the real location of the farm, will be accepted. In cases exceeding 500 meters, a certification issued by a licensed surveyor indicating the correct location of the plan must be attached.
7. The location and quantification of the areas occupied by other land uses (existing infrastructure, protection zones, etc.) must be shown, provided these are within the blocks or areas to be planted.
8. Digital files must be provided under the following conditions:
8.1. Farm perimeter file a. The shapefile polygon of the perimeter of the farm or farms applying to the PSA program must be provided. It must be a single file, which includes in the attribute table (.dbf), column A, named "plano" text type, where the plan number indicated in the application is included; column B, named "hectareas" real type, where the total plan area per farm or farms is included. The format to follow is:
*Column names are in lower case. NO accents, blank spaces, or other strange characters are accepted in the column titles.
b. The shapefile must be named with the application number assigned by the Regional Office, including the letter "c" at the end of the name (e.g., CA01-0001-19c).
c. The shapefile must be delivered on any electronic medium determined by Fonafifo, with the delivery date corresponding to the submission date of the technical study.
8.2. PSA area file a. The file must be in Shape file format (containing at minimum the extensions shp, shx, prj, dbf) polygon. Other formats will not be accepted.
b. The shapefile must be named with the application number assigned by the Regional Office (e.g., CA01-0001-19).
c. A single polygon shapefile must be submitted that includes in the attribute table (.dbf), column A, named "plano" text type, where the plan number included in the application is entered; column B, named "uso" numeric type, which shall only be filled with the numbers indicated in the Land Use Catalog; column C, named "hectareas" numeric type, with the data quantifying the area in hectares according to the farm's land use; and Column D, named "detalle" text type, where a brief description is included. For the case of productive rows, a polygon of the line distance multiplied by the spacing width must be submitted. The format to follow is:
| A | B | C | D |
|---|
| plano | uso | hectareas | detalle |
*Names are in lower case. NO accents, blank spaces, or other strange characters are accepted in the column titles.
**In column C (hectares), the sum of the areas must equal the total farm area. A tolerance range of +/- 1 hectare will be permitted.
d. To standardize the type of information required in the polygon shapefiles, the numbering to be used according to the Land Use Catalog to be implemented is indicated below:
| USO | Description |
|---|
| 1 | PSA Area |
| 2 | Rest of Farm Area |
| 3 | Road Area |
| 4 | Watercourse Area |
| 5 | Area of other (those land covers not considered in points 2-3 and 4) |
e. The shapefile must be loaded in the CRTM05 coordinate system (made official through Decreto N° 33797-MJ-MOPT, published in La Gaceta N°108 on Wednesday, June 6, 2007).
f. The shapefile must be delivered on the electronic medium determined by Fonafifo, and the delivery date must correspond to the submission of the technical study.
22.3. In both cases, the polygons must be delivered without topological errors (open polygons, gaps between the polygon edges, showing slivers or overlapping polygon edges). If any error is found, notification will be given for its due correction; if it persists, the application will be filed away.
23. Express statement of the existence of other current PSA contracts on the same farm, indicating the area or number of trees, the location, and certifying the capacity of the contracts.
24. Certify in the case of existing leases, that the PSA areas are excluded from the leased areas, this in the event that it is the property owner applying for entry into the PSA. Otherwise, certify that the leases effectively correspond to PSA areas requested by the tenants who will form part of the PSA contract.
25. The technical study must be prepared on security paper, contain the name, professional ID number, seal, and signature of the responsible professional, the date of preparation, and have the respective stamps.
26. The corrected technical study will be submitted only once, including the content of the entire technical study, not just the requested correction, on security paper and with the respective stamps.
27. A sign must be installed at the project; it must contain the following information: name of the beneficiary, sub-activity, PSA area or number of trees submitted, and forest contract number.
28. Indicate the status of the boundaries and the fire prevention activities executed.
29. For SIPMABE contracts, the regent (regente) must submit reports certifying their status at years 1 and 4 from the reported average planting date.
30. Photographic record of the project area (At least two geo-referenced photographs) (As added by session No. 9 of October 8, 2025)
PROVISIONS FOR PREPARING THE CERTIFIED TECHNICAL STUDY FOR AGROFORESTRY SYSTEM PROJECTS.
The undersigned ____________, Professional ID No. ______, in my capacity as forest regent (regente forestal), with fidelity bond (póliza de fidelidad) No. ______, covered under the Ley Forestal, its regulations, its amendments, and current standards. I certify the content of the following technical study:
1. Include the name of beneficiaries, identification numbers, registered plot number(s) (folio(s) real(es)), plan number(s), total area(s) of the registered plot(s), current land use, administrative location, and the exact address of the farm(s), adjoining landowners found in the field.
2. Indicate the sub-activity and the application number previously assigned by the respective Regional Office. Changes cannot be made between the sub-activities proposed in the Technical Study and the project establishment; unless prior notification is given to the Regional Office so that the required adjustments or corresponding amendments are made.
3. Indicate whether the area to be submitted is within a protected wilderness area (área silvestre protegida), stating its name.
4. Describe the site, access to the property, slope, stoniness, soil depth, and access within the farm. Based on these criteria, proceed to support the suitability of the site for developing the PSA contract for the proposed activity.
5. For SAF block projects, take soil samples from the area to be submitted and attach the results of the soil study from a recognized laboratory, except for arrangements with permanent crops and live fences.
6. Must show the interpretation of the soil analysis and indicate, when applicable, the recommendations for soil preparation, acidity correction, fertilization, and other actions required according to the analysis results.
7. Carry out an assessment of the physical-environmental, ecological, and silvicultural factors, with which the species, planting sites, and their management must be recommended.
8. Include the common and scientific name of the timber species to be used, and clearly indicate each species in each area, for each registered plot (folio real); as well as the planting density of each species, duly justified; with priority given to species with genetic improvement certified by the ONS.
9. Describe in detail the agroforestry system (type of arrangement and the agricultural/livestock component in association or combination, indicating the crops present at the start of the project to be established), according to the site characteristics (soil, climate, etc.), the characteristics of the species involved (crops that are compatible with the timber species to be chosen), and the management of the components, according to the arrangements established in this manual.
10. Specifically, in systems associated with coffee, dual-purpose trees whose age does not exceed 12 months since establishment and that are healthy will be permitted. If older trees are found, they will not be part of the PSA contract.
11. Must certify that the area to be submitted is sufficient for the number of trees according to the selected arrangement, according to the types of arrangements established.
12. In all cases, must detail the recommendations for the correct preparation of the land—before and during establishment—together with a program of maintenance activities and silvicultural management during the term of the project.
13. Must also indicate the source of the vegetative material for the dual-purpose species to be planted and that this material is healthy and vigorous.
14. Must demonstrate that genetic material for the proposed timber species will be available, whose material origin is certified by the ONS, and in sufficient quantity to supply the establishment of the project to be developed, using top-quality, vigorous, uniform-sized, and healthy genetic material.
15. Must indicate the type of material to be used (seedling (plántula), cutting (estaca), or other vegetative material). Consider that species with different growth rates can be used, provided silvicultural recommendations are established for each type of species.
16. In those contracts with endangered species, demonstrate that sufficient quantity will be available to supply the establishment of the project to be developed. If this is not the case, this contract cannot be formalized.
17. Must provide an annual schedule of the proposed silvicultural activities to be executed during the first five years of the project for each proposed species. And leave the required silvicultural recommendations up to the final harvest.
18. Must include a sketch of the property with the location of the land to be submitted to PSA, the PSA area, and the corresponding vertex numbering. The system used and its accuracy must be indicated. The sketch of the effective PSA area, as well as the sketch of the entire plan, must be submitted in print and digitally. In the event that the area to be submitted to PSA corresponds to the total area of the farm, the presentation of the certified cadastral plan will suffice.
19. The scales to be used for areas under thirty hectares must be 1:5,000 to 1:10,000. For larger areas, scales may be used at the professional's convenience.
20. Only plans whose displacement in cartographic location does not exceed 500 meters, with respect to what is indicated on the plan and the real location of the farm, will be accepted. In cases exceeding 500 meters, a certification issued by a licensed surveyor indicating the correct location of the plan must be attached.
21. The location and quantification of the areas occupied by other land uses (existing infrastructure, protection zones, others) must be shown, provided these are within the blocks or areas to be planted.
22. Digital files must be provided under the following conditions:
22.1. Farm perimeter file.
a. The shapefile polygon of the perimeter of the farm or farms applying to the PSA program must be provided. It must be a single file, which includes in the attribute table (.dbf), column A, named "plano" text type, where the plan number indicated in the application is included; column B, named "hectareas" real type, where the total plan area per farm or farms is included. The format to follow is:
*Column names must be in lowercase; tildes, blank spaces, or other extraneous characters are NOT accepted in column titles b. The shape file must be named with the application number assigned by the Regional Office, including the letter "c" at the end of the name (e.g., CA01-0001-19c).
c. The shape file must be delivered on any electronic medium provided that the delivery date can be corroborated, and that it matches the date of delivery of the technical study.
22.2. PSA area file.
a. The file must be in Shape file format (containing at minimum the extensions shp, shx, prj, dbf) polygon; other formats will not be accepted.
b. The Shape file must be named with the application number assigned by the Regional Office (e.g., CA01-0001-19).
c. A single polygon Shape file must be submitted that includes, in the attribute table (dbf), column A, named "plano" text type, containing the plan number included in the application; column B, named "uso" numeric type, where only the numbers indicated by the Land Use Catalog (Catálogo de Uso) shall be entered; column C, named "hectareas" numeric type, with the area quantification data in hectares according to the farm's use; and column D, named "detalle" text type, containing a brief description. The format to follow is:
*Names must be in lowercase; tildes, blank spaces, or other extraneous characters are NOT accepted in column titles.
**In column C (hectáreas) the sum of the areas must equal the total farm area. A tolerance range of plus/minus 1 hectare is permitted.
d. To standardize the type of information required in the polygon Shape files, the numbering to be used according to the Land Use Catalog (Catálogo de Uso) to be implemented is indicated below:
Other surface area (those coverages not considered in points 2, 3, and 4) e. The shape file must be submitted georeferenced in the CRTM05 coordinate system (formalized via Decreto N°33797-MJ-MOPT, published in La Gaceta N°108 of Wednesday, June 6, 2007).
f. The shape file must be delivered on a compact disc, or any other electronic medium, provided that the delivery date can be corroborated.
22.3. In both cases, polygons must be delivered without topological errors (open polygons, gaps between polygon edges, slivers or overlapping polygon edges).
If any error is found, notification will be given for its proper correction; if it persists, the application will be archived.
23. Prepare the technical study based on the legal area of the land, i.e., the 'agricultural surface area (superficie agraria),' defined as the area of a portion of land determined by the horizontal projection of its perimeter.
24. Express declaration of the existence of other active PSA contracts on the same farm, indicating the area or number of trees, the location, and certifying the capacity (cabida) of the contracts.
25. Certify, in the event of leaseholds (arrendamientos), that the PSA areas are excluded from the leased areas (áreas en arriendo), if it is the property owner applying for entry into PSA. Otherwise, certify that the leaseholds (arriendos) correspond effectively to PSA areas requested by the lessees (arrendatarios) who will form part of the PSA contract.
26. Technical studies must be prepared on security paper, contain the name, professional license number (número de colegiado), seal, and signature of the responsible professional, the date of preparation, and the respective stamps (timbres).
27. The corrected technical study shall be delivered only once, including the content of the entire technical study, not just the requested correction, on security paper and with the respective stamps (timbres).
28. In SAF projects, the professional-in-charge (regente) must submit a status report at year 5 as established in this manual. In block SAF projects, data from the measurement plots must be provided, which must be attached on security paper.
29. The following are established as multiple-use species: those that provide an addition of normally expected products and services such as timber, microclimatic influences, soil improvement, addition of organic matter, and provide additional products and services such as nitrogen fixation, forage, edible products for humans, gums, fibers, and medicinal products, including the following: Erythrina sp, Inga sp, Gliricidia sepium, and Leucaena leucocephala. Timber species are all those species that meet the definition of a forest tree as indicated in the Regulation to the Forestry Law (Reglamento a la Ley Forestal).
30. In all cases, the proposed arrangements must be congruent in space and time between the needs of agricultural/livestock species and the forest species. The species used must adapt to the specific conditions of the site and the SAF, as well as receive adequate silvicultural management and protection from livestock when required. Other forest species may be used, provided they adapt to the site according to their biological and ecological conditions.
31. Must indicate the number of signs to be installed, at least 1 per farm; which must contain the following information: name of the beneficiary, sub-activity, number of trees submitted, and forest contract number.
32. Indicate the condition of the boundaries (linderos) and the fire prevention activities carried out.
PROVISIONS FOR PREPARING THE TECHNICAL STUDY FOR SAF-PAF PROJECTS.
The undersigned ____________, professional license number (Nº colegiado) ______, in my capacity as a forestry professional, covered by the Forestry Law (Ley Forestal), its regulations, its amendments, and current legislation.
I certify the content of the following technical study:
1. Include the name of beneficiaries, ID numbers (números de cédula), recorded property folios (folio(s) real(es)), plan number(s) (número(s) de plano), total area(s) of the folio(s), current use, administrative location, and the exact address of the farm(s), adjoining properties (colindantes) found in the field.
2. Indicate the sub-activity and the application number previously assigned by the respective Regional Office.
3. Indicate if the area to be submitted is within a protected wilderness area (área silvestre protegida), noting its name.
4. Describe the site, access to the property, slope (pendiente), stoniness (pedregosidad), soil depth, access within the farm. Based on these criteria, proceed to justify the suitability of the site for developing the PSA contract in the proposed activity.
5. Include the common name and scientific name of the timber species to be used, and clearly indicate each species in each area, for each recorded folio (folio real); as well as the planting density of each species, duly justified.
6. Describe in detail the agroforestry system (type of arrangement and the agricultural/livestock component in association or combination, indicating the crops present at the start of the project to be established), according to the site characteristics (soil, climate, etc.), the characteristics of the species involved (crops that are compatible with the chosen timber species), and the management of the components; according to the arrangements established for this sub-activity.
7. Must indicate that the area to be submitted is sufficient for the number of trees according to the selected arrangement, according to the established types of arrangement.
8. In all cases, must detail the recommendations for a program of maintenance activities and silvicultural management during the term of the project.
9. Must also indicate the provenance of the vegetative material.
10. Must provide an annual schedule (years 4 and 5) of the proposed silvicultural activities to be executed in the project for each proposed species. And leave required silvicultural recommendations up to the final harvest.
11. Must include the sketch map (croquis) of the property with the location of the land to be submitted to PSA, PSA area, and the corresponding vertex numbering. The system used and its accuracy must be indicated. The sketch map of the effective PSA area, as well as the sketch map of the entire plan, must be delivered printed and digitally.
12. The scales to be used for areas under thirty hectares must be 1:5,000 to 1:10,000. For larger areas, scales may be used at professional convenience.
13. Only plans whose displacements in cartographic location do not exceed 500 meters, relative to what is indicated on the plan and the actual location of the farm, will be accepted. In cases exceeding 500 meters, a certification issued by a licensed surveyor (topógrafo colegiado) indicating the correct plan location must be attached.
14. Must show the location and quantification of the surfaces occupied by other land uses (existing infrastructure, protection zones, etc.), provided these are within the blocks or areas to be planted.
15. Must provide the digital files under the following conditions:
15.1. Farm perimeter file.
a. The polygon shape file of the perimeter of the farm or farms applying to the PSA program must be provided. It must be a single file, which includes in the attribute table (dbf), column A, named "plano" text type, where the plan number indicated in the application is included; column B, named "hectareas" real type, where the total area of the plan per farm or farms is included. The format to follow is:
*Column names must be in lowercase; tildes, blank spaces, or other extraneous characters are NOT accepted in column titles.
b. The shape file must be named with the application number assigned by the Regional Office, including the letter "c" at the end of the name (e.g., CA01-0001-19c).
c. The shape file must be delivered on any electronic medium provided that the delivery date can be corroborated, and that it matches the date of delivery of the technical study.
15.2. PSA area file a. The file must be in Shape file format (containing at minimum the extensions shp, shx, prj, dbf) polygon; other formats will not be accepted.
b. The Shape file must be named with the application number assigned by the Regional Office (e.g., CA01-0001-19).
c. A single polygon Shape file must be submitted that includes, in the attribute table (dbf), column A, named "plano" text type, containing the plan number included in the application; column B, named "uso" numeric type, where only the numbers indicated by the Land Use Catalog (Catálogo de Uso) shall be entered; column C, named "hectareas" numeric type, with the area quantification data in hectares according to the farm's use; and column D, named "detalle" text type, containing a brief description. The format to follow is:
*Names must be in lowercase; tildes, blank spaces, or other extraneous characters are NOT accepted in column titles.
**In column C (hectáreas) the sum of the areas must equal the total farm area. A tolerance range of plus/minus 1 hectare is permitted.
d. To standardize the type of information required in the polygon Shape files, the numbering to be used according to the Land Use Catalog (Catálogo de Uso) to be implemented is indicated below:
Other surface area (those coverages not considered in points 2, 3, and 4) e. The shape file must be submitted georeferenced in the CRTM05 coordinate system (formalized via Decreto N°33797-MJ-MOPT, published in La Gaceta N°108 of Wednesday, June 6, 2007).
f. The shape file must be delivered on a compact disc, or any other electronic medium, provided that the delivery date can be corroborated, and that it matches the date of delivery of the technical study.
15.3. In both cases, polygons must be delivered without topological errors (open polygons, gaps between polygon edges, slivers or overlapping polygon edges).
If any error is found, notification will be given for its proper correction; if it persists, the application will be archived.
16. Prepare the technical study based on the legal area of the land, i.e., the 'agricultural surface area (superficie agraria),' defined as the area of a portion of land determined by the horizontal projection of its perimeter.
17. Express declaration of the existence of other active PSA contracts on the same farm, indicating the area or number of trees, the location, and certifying the capacity (cabida) of the contracts.
18. Certify, in the event of leaseholds (arrendamientos), that the PSA areas are excluded from the leased areas (áreas en arriendo), if it is the property owner applying for entry into PSA.
Otherwise, certify that the leaseholds (arriendos) correspond effectively to PSA areas requested by the lessees (arrendatarios) who will form part of the PSA contract.
19. Technical studies must contain the name, professional license number (número de colegiado), seal, and signature of the responsible professional, and the date of preparation.
20. The corrected technical study shall be delivered only once, including the content of the entire technical study, not just the requested correction.
21. In SAF-PAF projects, the professional must submit a status report at year 5 (as established in the respective Executive Decree (Decreto Ejecutivo)).
22. In all cases, the proposed arrangements must be congruent in space and time between the needs of agricultural/livestock species and the forest species. The species used must adapt to the specific conditions of the site, as well as receive adequate silvicultural management and protection from livestock when required. Other forest species may be used, provided they adapt to the site according to their biological and ecological conditions.
23. In all cases, the technical study must be prepared on white bond paper, and delivered to the respective Regional Office as an original printed copy with one copy for the received stamp.
24. Must indicate the number of signs to be installed, at least 1 per farm; which must contain the following information: name of the beneficiary, sub-activity, number of trees submitted, and forest contract number.
25. Indicate the condition of the boundaries (linderos) and the fire prevention activities carried out.
INSTRUCTIONS FOR PREPARING THE TECHNICAL STUDY FOR MIXED SYSTEM PROJECTS FOR MICRO-PRODUCERS The undersigned ____________, professional license number (N° colegiado) _______ in my capacity as a forestry professional, issue the following technical study:
1. Name of beneficiaries, ID numbers (números de cédula), recorded folio (folio real), plan number, total area of folio, current use, administrative location, exact address of the farm.
2. Date of visit.
3. Indicate the sub-activity and the application number previously assigned by the respective Regional Office.
4. Indicate if the farm is located in a protected wilderness area (área silvestre protegida), noting its name.
5. Describe in detail the state of the farm at the time of applying to the system and the state (ecological characteristics and condition) of the forest protection or forest cover (cobertura forestal) activities, natural regeneration (regeneración natural), and agrosilvopastoral systems.
6. Data on the area and trees to be requested according to the PSA sub-activity Mixed Systems Year Sub-activity PSA Area (ha) *: The establishment date or clarify in Observations if they correspond to pre-existing trees.
7. Include the required prevention recommendations, to avoid hunting, felling, and forest fires, and signage.
8. The plan of the property must be georeferenced according to the criteria established by Fonafifo.
9. The sketch map (croquis) of the area to be submitted to PSA according to the criteria established by Fonafifo. Use the current instructions in the procedures manual for carrying out the surveys. Without including the route description (derrotero) of the areas to be paid.
10. Must provide the digital files under the following conditions:
10.1. Farm perimeter file.
a. The polygon shape file of the perimeter of the farm or farms applying to the PSA program must be provided. It must be a single file, which includes in the attribute table (dbf), column A, named "plano" text type, where the plan number indicated in the application is included; column B, named "hectareas" real type, where the total area of the plan per farm or farms is included. The format to follow is:
*Column names must be in lowercase; tildes, blank spaces, or other extraneous characters are NOT accepted in column titles.
b. The shape file must be named with the application number assigned by the Regional Office, including the letter "c" at the end of the name (e.g., CA01-0001-19c).
c. The shape file must be delivered on any electronic medium provided that the delivery date can be corroborated, and that it matches the date of delivery of the technical study.
10.2. PSA area file.
a. The file must be in Shape file format (containing at minimum the extensions shp, shx, prj, dbf) polygon; other formats will not be accepted.
b. The Shape file must be named with the application number assigned by the Regional Office (e.g., CA01-0001-19).
c. A single polygon Shape file must be submitted that includes, in the attribute table (dbf), column A, named "plano" text type, containing the plan number included in the application; column B, named "uso" numeric type, where only the numbers indicated by the Land Use Catalog (Catálogo de Uso) shall be entered; column C, named "hectareas" numeric type, with the area quantification data in hectares according to the farm's use; column D, named "mixtos" numeric type, where only the numbers shall be entered: "1" in the case of forest cover (cobertura forestal), "2" in the case of regeneration, and "3" in the case of trees in agroforestry systems; and E, named "detalle" text type, containing a brief description. The format to follow is:
*Names must be in lowercase; tildes, blank spaces, or other extraneous characters are NOT accepted in column titles.
**In column C (hectáreas) the sum of the areas must equal the total farm area. A tolerance range of plus/minus 0.5 hectares is permitted.
d. In the column named "mixtos", it must be filled in when column "uso" indicates "1" PSA surface, with the objective of differentiating the amount of area destined for each sub-activity. Only the following parameters are accepted:
1 e. The shape file must be submitted georeferenced in the CRTM05 coordinate system (formalized via Decreto N°33797-MJ-MOPT, published in La Gaceta N°108 of Wednesday, June 6, 2007).
f. The shape file must be delivered on a compact disc, or any other electronic medium, provided that the delivery date can be corroborated, and that it matches the delivery date of the technical study.
10.3. In both cases, polygons must be delivered without topological errors (open polygons, gaps between polygon edges, slivers or overlapping polygon edges). If any error is found, notification will be given for its proper correction; if it persists, the application will be archived.
11. Express declaration of the existence of other active PSA contracts, indicating the area, location, and certifying the capacity (cabida) of the contracts (if any exist).
12. Description of the sub-activities that make up the mixed systems.
These projects must have a combination of two of the three recognized sub-activities in a single project, which are described below:
a. Protection of forest cover (cobertura forestal).
Those areas under forest cover (cobertura forestal) are considered, which due to their size do not reach the minimum area to be considered forest within Costa Rican legislation; complying in all other aspects indicated in the definition of forest established in the Forestry Law (Ley Forestal) N° 7575.
Also, areas corresponding to a native or autochthonous ecosystem, whether intervened or not, regenerated by natural succession (sucesión natural) or other forestry techniques, can enter. They are characterized by the presence of mature trees of different ages, species, and varied size, with one or more canopies that cover more than seventy percent (70%) of the surface and where there are more than sixty trees per hectare of fifteen or more centimeters in diameter measured at breast height (DAP) per hectare.
b. Agroforestry and silvopastoral systems.
Projects in agroforestry systems (SAF) are defined as all those in which agricultural/livestock production is sustained by a polyculture of tree species with others of a herbaceous nature. These systems have an arrangement of physical components, a set or collection of things, joined or related in such a way that they form and act as a unit, an entity, or a whole.
SAF are established in areas with a combination in time and space of trees of forest species, multi-use and timber, with annual crops, perennial crops, forage species, pastures, fruit trees, or others, in pursuit of system sustainability. In these, there are different arrangements of trees with crops, trees in rows, windbreak curtains.
Also, existing trees of timber species found in pastures (potreros) would be included in the recognition, regardless of their age.
c. Natural Regeneration (Regeneración Natural).
Corresponds to areas with stages of secondary succession (sucesión secundaria), on lands of forestry aptitude, to regenerate them into forest, where a description is required of the abandoned sites, with at least one year and free from grazing, in which there is a regeneration of at least 1,200 seedlings (brinzales) and/or 720 saplings (latizales) per hectare of commercial species; excluding areas covered by pastures (potreros).
13. In all cases, must detail the recommendations for a program of maintenance activities and silvicultural management of the trees under the agroforestry system, and recommendations for the area of cover protection and/or regeneration, during the term of the project.
14. Quantify the trees and indicate the scientific name of the existing trees that will be included in the technical study.
15. Must provide an annualized schedule of the silvicultural activities proposed to be executed in the SAF area.
16. Must indicate the number of signs to be installed (at least 1 per farm); the sign must contain the following information: name of the beneficiary, sub-activity, trees submitted, and forest contract number; also indicate the condition of the boundaries (linderos), the condition of the fences.
17. In all cases, the technical study must be prepared on white bond paper, and delivered to the respective Regional Office as an original printed copy with one copy for the received stamp.
18. The corrected technical study shall be delivered only once, including the content of the entire technical study, not just the requested correction, on white paper.
19. Must indicate the number of signs to be installed (at least 1 per farm); the sign must contain the following information: name of the beneficiary, sub-activity, number of trees submitted, and forest contract number.
20. Indicate the condition of the boundaries (linderos) and the fire prevention activities carried out.
21. The technical study must indicate the date of preparation and be signed by the responsible forestry professional.
Provisions for Preparing the Technical Study for Forest Protection, Water Resource Projects.
The undersigned ____________, professional license number (N° colegiado) ______, in my capacity as a forest professional-in-charge (regente forestal), covered by the Forestry Law (Ley Forestal), its regulations, its amendments, and current legislation. I proceed to issue the following technical study:
1. Include the name of beneficiaries, ID numbers (números de cédula), recorded property folio(s) (folio(s) real(es)), plan number(s), total area(s) of folio(s), current use, administrative location, and the exact address of the farm(s).
2. Must indicate the sub-activity and the application number previously assigned by the respective Regional Office. Changes cannot be made between sub-activities proposed in the technical study and the type of resource found in the field; unless prior notification is given to the Regional Office, so that the required adjustments, or the required contract modification, can be made.
3. Must indicate whether or not the area is within a protected wilderness area (área silvestre protegida), noting its name.
4. The forest professional-in-charge (regente forestal) must certify that the area to be submitted to PSA meets the definition of forest according to Forestry Law (Ley Forestal) N° 7575.
5. For forest protection projects, protection areas shall not be detailed, because these form part of the area subject to PSA. Solely, the forest professional-in-charge (regente forestal) must quantify and deduct from the effective area the areas occupied by primary roads and log yards (patios de acopio), clearings (abras), water bodies (espejos de agua), yollillales (palm swamps), suampos (marshes), infrastructure, and other uses.
6. Must indicate the existence or not of other active PSA contracts on the same farm, indicating the area, location, and capacity (cabida) of the contracts, and include their location, both in the digital file and in the technical study.
7. Must indicate if the area to be submitted in the indigenous territories corresponds or not to communal territories; or failing that, present the name, ID number (número de cédula), and area for each project participant.
8. The areas of properties affected by electrical or right-of-way easements (servidumbres) must be excluded from the surfaces subject to a PSA contract. With the exception of ecological easements (servidumbres ecológicas).
9. Must include the sketch map (croquis) of the property with the location of the land to be submitted to PSA, PSA area, and the corresponding vertex numbering. The system used and its accuracy must be indicated. The sketch map of the effective PSA area, as well as the sketch map of the entire plan, must be delivered printed and digitally. If the area to be submitted to PSA corresponds to the total area of the farm, the presentation of the certified cadastral plan will suffice.
10. The scales to be used for areas under thirty hectares must be 1:5,000 to 1:10,000. For larger areas, scales may be used at professional convenience.
11. Only plans whose displacements in cartographic location do not exceed 500 meters, relative to what is indicated on the plan and the actual location of the farm, will be accepted. In cases exceeding 500 meters, a certification issued by a licensed surveyor (topógrafo colegiado) indicating the correct plan location must be attached.
12. Must provide the digital files under the following conditions:
12.1. Farm perimeter file.
a. The polygon shape file of the perimeter of the farm or farms applying to the PSA program must be provided. It must be a single file, which includes in the attribute table (dbf), column A, named "plano" text type, where the plan number indicated in the application is included; column B, named "hectareas" real type, where the total area of the plan per farm or farms is included. The format to follow is:
*Column names must be in lowercase; tildes, blank spaces, or other extraneous characters are NOT accepted in column titles.
b. The shape file must be named with the application number assigned by the Regional Office, including the letter "c" at the end of the name (e.g., CA01-0001-19c).
c. The shape file must be delivered on any electronic medium provided that the delivery date can be corroborated, and that it matches the date of delivery of the technical study.
12.2. PSA area file.
a. The file must be in shape file format (containing at minimum the extensions shp, shx, prj, dbf) polygon; other formats will not be accepted.
b. The Shape file must be named with the application number assigned by the Regional Office (e.g., CA01-0001-19).
c. A single polygon Shape file must be submitted that includes, in the attribute table (dbf), column A, named "plano" text type, containing the plan number included in the application; column B, named "uso" numeric type, where only the numbers indicated by the Land Use Catalog (Catálogo de Uso) shall be entered; column C, named "hectareas" numeric type, with the area quantification data in hectares according to the farm's use; and column D, named "detalle" text type, containing a brief description. The format to follow is:
| A | B | C | D |
|---|
| plano | uso | hectáreas | detalle |
*Names must be in lowercase; tildes, blank spaces, or other extraneous characters are NOT accepted in column titles.
**In column C (hectáreas) the sum of the areas must equal the total farm area.
A tolerance range of plus/minus 1 hectare is permitted.
d. To standardize the type of information required in the polygon Shape files, the numbering to be used according to the Land Use Catalog (Catálogo de Uso) to be implemented is indicated below:
| USO | Description |
|---|
| 1 | PSA Surface |
| 2 | Rest of Farm Surface |
| 3 | Road Surface |
| 4 | Watercourse Surface |
| 5 | Other surface (those coverages not considered in points 2, 3, and 4) |
e. The shape file must be submitted geo-referenced in the CRTM05 coordinate system (officialized by Decreto N° 33797-MJ-MOPT, published in La Gaceta N° 108 of Wednesday, June 6, 2007).
f. The shape file must be delivered on a compact disc, or any other electronic medium, provided that the delivery date can be corroborated, which must correspond to the delivery date of the technical study.
12.3. In both cases, the polygons must be delivered without topological errors (open polygons, gaps between polygon edges, slivers or overlapping polygon edges). Should any error be found, notification will be given for its proper correction; if it persists, the application will be filed.
13. Prepare the technical study based on the legal area of the land, that is, the 'agricultural surface' (superficie agraria), this being defined as the area of a portion of land determined by the horizontal projection of its perimeter.
14. Must indicate, if leases are found, the PSA areas are excluded from the leased areas, in the case that the property owner is the one requesting entry into the PSA. Otherwise, certify that the leases effectively correspond to PSA areas requested by the lessees.
15. In the case of farms under possession or year-to-year contracts, the forest regent must indicate that the forest has been protected over the last 12 months.
16. The technical study must contain the professional's name, professional association number, seal, and signature of the responsible professional, the date of preparation.
17. The corrected technical study shall be delivered only once, including the content of the entire technical study, not just the requested correction.
18. Must indicate the number of signs to be installed, at least 1 per 50 ha; which must contain the following information: beneficiary's name, sub-activity, PSA area submitted, and forest contract number.
19. Indicate the condition of the boundaries and the fire prevention activities carried out.
20. Must include a description of the biodiversity elements present in the area to be submitted, justifying why the proposed area should be considered for entry into the PSA Program (georeferenced photographic records may be provided).
(As amended in sessions N° 07-2020 and 08-2020 of August 12, 2020, and September 9, 2020)
PROVISIONS FOR PREPARING THE CERTIFIED TECHNICAL STUDY FOR NATURAL REGENERATION OR FOREST MANAGEMENT PROJECTS.
The undersigned ____________, professional association number ______, in my capacity as forest regent, with fidelity bond number ______, covered by the Forestry Law, its regulations, its amendments, and current regulations. I certify the content of the following technical study:
1. Include the name of beneficiaries, ID numbers, real folio(s), plan number(s), total folio area(s), current use, administrative location, and the exact address of the farm(s), adjacent landowners found in the field.
2. Must indicate the sub-activity and the application number previously assigned by the respective Regional Office.
3. Must indicate if the area is located within a protected wilderness area, stating its name.
4. For natural regeneration projects, areas occupied by primary roads and log yards, clearings, bodies of water, yolillales, swamps, infrastructure, and other uses must be quantified and deducted from the effective area.
5. For post-harvest projects, it must be certified whether silvicultural tasks were eventually planned after the closure of the management plan.
6. Must indicate the existence of other current PSA contracts on the same farm, indicating the area, location, and capacity of the contracts, and include their location, both in the digital file and in the technical study.
7. On sites undergoing natural regeneration, the condition of the existing vegetation at the site and the estimated age of abandonment must be certified. For these projects, areas may be covered with grasses, commercial seedlings (brinzales) and/or saplings (latizales) per hectare, depending on the age since the natural regeneration process began. Also, remnant forest trees and palms. Therefore, a description of the resource must be provided, including the quantity of commercial seedlings (brinzales) and saplings (latizales), presence of remnant trees, nearby seed sources, identifying remnant trees and/or seed sources by their scientific name; other ecological aspects relevant to secondary succession; and during the term of the contract, it must describe how denuded areas, without forest cover (cobertura forestal), undergo the regeneration process and do not meet the definition of forest and are free of grazing.
8. Must indicate if the area to be submitted in indigenous territories corresponds to communal territories; or otherwise, present the name, ID number, and area for each project participant.
9. Property areas affected by electrical and right-of-way easements must be excluded from the surfaces submitted under a PPSA contract. Ecological easements are excepted.
10. Must include a sketch of the property with the location of the land to be submitted to PSA, the PSA area, and the corresponding vertex numbering. The system used and its accuracy must be indicated. The sketch of the effective PSA area, as well as the sketch of the entire plan, must be delivered in print and digitally. If the area to be submitted to PSA corresponds to the entire area of the farm, the submission of the certified cadastral plan will suffice.
11. The scales to be used for areas smaller than thirty hectares must be 1:5,000 to 1:10,000. For larger areas, scales may be used at the professional's convenience.
12. Only plans whose displacements in cartographic location do not exceed 500 meters, with respect to what is indicated on the plan and the actual location of the farm, will be admitted.
In cases exceeding 500 meters, a certification issued by a licensed surveyor indicating the correct location of the plan must be attached.
13. Must provide digital files under the following conditions:
13.1. Farm perimeter file.
a. The polygon shape file of the perimeter of the farm or farms applying to the PSA program must be provided. It must be a single file, including in the attribute table (dbf), column A, named "plano" text type, where the plan number indicated in the application is included; column B named "hectareas" real type, where the total area of the plan for the farm or farms is included. The format to follow is:
*Column names are in lowercase, accents, blank spaces, or other strange characters are NOT accepted in the column titles.
b. The shape file must be named with the application number assigned by the Regional Office, including the letter "c" at the end of the name (example, CA01-0001-19c).
c. The shape file must be delivered on any electronic medium, provided that the delivery date can be corroborated, which must correspond to the delivery date of the technical study.
13.2. PSA area file a. The file must be in shape file format polygon (containing at a minimum the extensions shp, shx, prj, dbf); no other formats will be accepted.
b. The Shape file must be named with the application number assigned by the Regional Office (example, CA01-0001-19).
c. A single polygon Shape file must be submitted, including in the attribute table (dbf), column A, named "plano" text type where the plan number included in the application is entered; column B named "uso" numeric type, which must only be filled with the numbers indicated in the Use Catalog; column C named "hectareas" numeric type with the area quantification data in hectares according to the farm's use; and Column D named "detalle" text type where a brief description is included. The format to follow is:
*Names are in lowercase, accents, blank spaces, or other strange characters are NOT accepted in the column titles.
**In column C (hectáreas), the sum of the areas must be equal to the total farm area.
A tolerance range of plus/minus 1 hectare will be allowed.
d. To standardize the type of information required in the polygon Shape files, the numbering to be used according to the Use Catalog to be implemented is indicated below:
Surface area of others (those covers not considered in points 2-3 and 4) e. The shape file must be submitted geo-referenced in the CRTM05 coordinate system (officialized by Decreto N°33797-MJ-MOPT, published in La Gaceta N°108 of Wednesday, June 6, 2007).
f. The shape file must be delivered on a compact disc, or any other electronic medium, provided that the delivery date can be corroborated, which must correspond to the delivery date of the technical study.
13.3. In both cases, the polygons must be delivered without topological errors (open polygons, gaps between polygon edges, slivers or overlapping polygon edges). Should any error be found, notification will be given for its proper correction; if it persists, the application will be filed.
14. The forest regent must prepare the technical study based on the legal area of the land, that is, the 'agricultural surface' (superficie agraria), this being defined as the area of a portion of land determined by the horizontal projection of its perimeter.
15. Express statement of the existence of other current PSA contracts on the same farm, indicating the area or number of trees, the location, and certifying the capacity of the contracts.
16. Must certify, if leases are found, that the PSA areas are excluded from the leased areas, in the case that the property owner is the one requesting entry into the PSA. Otherwise, certify that the leases effectively correspond to PSA areas requested by the lessees.
17. The technical study must be prepared on security paper, contain the name, professional association number, seal, and signature of the responsible professional, the date of preparation, and the respective stamps.
18. The corrected technical study shall be delivered only once, including the content of the entire technical study, not just the requested correction, on security paper and with the respective stamps.
19. Must indicate the number of signs to be installed, at least 1 per 50 ha; which must contain the following information: beneficiary's name, sub-activity, PSA area submitted, and forest contract number.
20. Indicate the condition of the boundaries and the fire prevention activities carried out.
CONTRACT FORMAT FOR PAYMENT OF ENVIRONMENTAL SERVICES FOR MAINTENANCE OF FOREST COVER IN THE ACTIVITY OF FOREST PROTECTION.
CONTRACT NUMBER XX-01-22-XXXX-201_ We _____________________, (qualities), holder of identity card __________________________, resident of _________________, in his capacity as Minister of Environment and Energy, according to Agreement Number _________________, published in Alcance La Gaceta Digital Number ___________________, hereinafter referred to as "EL MINAE", who through Resolution Number _____________-MINAE, dated __________________, published in Gaceta Digital number _________________ of ________________, has delegated the signing of contracts processed by the National Forestry Financing Fund for Payment of Environmental Services in any of its modalities to Mr. ____________________, (qualities), holder of identity card number _________________, resident of _____________, Executive Director of the National Forestry Financing Fund, who also acts in his capacity as General Attorney-in-Fact without limit of amount, as recorded in the Registry of Legal Entities of the Public Registry, under registration citations Volume: ____________________, hereinafter referred to as Fonafifo, legal ID three-zero zero seven-two hundred four thousand seven hundred twenty-four and _________________ (qualities, ID, exact address) hereinafter referred to as THE BENEFICIARY, based on Forestry Law number seven thousand five hundred seventy-five, its Regulation, Executive Decree Number 25721-MINAE and its amendments, Resolution Number R-__-___-MINAE of ___ hours ___ minutes of ___ of ___ two thousand ___, published in Alcance Number __ of ___ of ___ of __ and the Procedures Manual for Payment of Environmental Services, we agree to enter into this contract, which shall be governed especially by the following clauses:
CLAUSE ONE: Of the Property THE BENEFICIARY is the owner of a property in the district of ____ registered in the National Registry under Real Folio Registration N°................................, which is land of .... located in District........, Canton .........., of the province of ..............., bordering to the North: ........., South: ..... East: ......... and West: ............, Measures: ..... Cadastral Plan N° X-............., over which he exercises the rights of use, enjoyment, and disposal, expressly stating that over said rights there is no disturbance, judicial or administrative dispute affecting the ownership of the property.
CLAUSE TWO: Of the Purpose of the Contract In this act, THE BENEFICIARY transfers to Fonafifo, the environmental services generated by the forest existing on the property described above, for the benefit of the protection and improvement of the environment. These services are: a) Mitigation of greenhouse gas emissions (fixation, reduction, sequestration, storage, and absorption) b) Protection of water for urban, rural, or hydroelectric use, c) Protection of biodiversity for its conservation and sustainable, scientific, and pharmaceutical use, research and genetic improvement, protection of ecosystems, life forms and d) Natural scenic beauty for tourism and scientific purposes. These environmental services shall be delivered in annual and future tracts counted from the signing of this contract, provided that it is so certified by the forest regent, upon confirming that the forest conditions have not been altered. By virtue of the transfer of environmental services made in this contract, Fonafifo is free to dispose of the environmental services acquired and transferred in the manner it deems appropriate, being able to sell them to third parties both nationally and internationally, without having to communicate such action to THE BENEFICIARY, who may not claim any amount from Fonafifo for this disposition of the acquired services. According to the foregoing, THE BENEFICIARY may under no circumstances sell or dispose of in any capacity the environmental services generated by the forest during the term of this contract.
CLAUSE THREE: Of the Term The term of this contract is ten years from its signing.
CLAUSE FOUR: Of the Project Area The area where the forest protection project will be developed shall be_______ hectares and is identified in the survey conducted by the forest regent in the technical study submitted, which forms part of this contract.
(*)CLAUSE FIVE: Of the Price and Form of Payment FONAFIFO, as consideration for the transfer established in this contract, shall pay for the environmental services acquired, a sum of ___ colones per each hectare of forest committed in the protection program. FONAFIFO, as provided in Ministerial Resolution ___ _, shall make an annual payment for ten years. The first payment shall be made after the forest regent certifies before the respective Regional Office, the forest area, and that it remains unaltered, fully complying with the obligations acquired in this contract. Payments for subsequent years shall be scheduled and made taking into consideration the quarter of the signing of this contract and the resources that the Ministry of Finance grants to Fonafifo for this purpose. These disbursements shall be conditional upon compliance with the obligations agreed upon in this contract and any others established in the Procedures Manual. Starting from the third disbursement, the respective payment shall not be made if the regency report for the immediately preceding year has not been submitted to the satisfaction of Fonafifo.
(*) (Thus amended the previous clause five in an ordinary session of the Board of Directors of the National Forestry Financing Fund held on May 17, 2023) CLAUSE SIX: Of the Adjustment of Amounts The amounts established in this contract shall be readjusted in accordance with the consumer price index established by the Central Bank. These readjustments shall be made annually, through a communication made by Fonafifo.
CLAUSE SEVEN: Of the Beneficiary's Obligations THE BENEFICIARY is obliged to: a) Not carry out felling, extraction, or harvesting activities that alter, impair, or diminish the natural behavior of the forest, in such a way that it can produce the maximum of environmental services. b) Carry out the necessary actions to protect the forest from damage caused by third parties; these protection actions shall at least be: demarcation of the forest area, existence and cleaning of firebreaks or fences, firebreaks in areas prone to fires, periodic supervision and monitoring of the submitted area at least every three months, establishment and maintenance of signs as provided in the Procedures Manual. c) Not carry out or allow hunting or capture of wild fauna and perform necessary actions within his reach to prevent third parties from engaging in such actions on his farm, as provided in the preceding subsection. d) Not carry out agricultural and/or livestock activities in the forest area; should the farm have an area dedicated to these purposes, it must necessarily be fenced or delimited so that these actions do not impair the natural processes occurring in the forest. e) Have a duly licensed forest regent for the duration of this contract. THE BENEFICIARY must submit a copy of the regency form duly paid and registered with the College of Agricultural Engineers of Costa Rica. f) Should felling actions and/or alterations to the forest occur, carried out by third parties, hunting activities, or any other that may damage the forest, THE BENEFICIARY must file, within 15 calendar days after becoming aware of the facts, the criminal complaint filed with the Public Ministry and the administrative complaint before SINAC, the Environmental Administrative Tribunal, as applicable. Copies of these complaints must be sent to Fonafifo's Regional Office no later than 30 calendar days after they were filed, with the forest regency report, quantifying the damages and impacts produced with their respective technical recommendation. g) Allow Fonafifo, through its personnel, the State's control and supervision bodies, as well as personnel from private companies carrying out control actions or duly identified, free access to the property to conduct monitoring, quantification, and supervision actions, in order to verify, whenever deemed appropriate, the condition of the forest and the fulfillment of the contract. Fonafifo will always endeavor to give prior notice of these visits to the notification address contractually established, except in cases of complaints where it may validly omit this formality. h) Guarantee Fonafifo, for the entire term of the contract, the possession and ownership of the property subject to this contract. i) Comply with the technical and/or administrative provisions duly issued by the forest regent or by Fonafifo, which shall always be in writing. j) Be up to date with the obligations with the Costa Rican Social Security Fund and with Fodesaf. k) Transfer to Fonafifo the Environmental Services subject to this contract. l) Maintain an active client account issued by a banking, financial, mutual, or savings and credit cooperative entity in the name of THE BENEFICIARY for making the respective payments.
CLAUSE EIGHT: Of the Rights of the Parties THE BENEFICIARY has the right to:
- a)Receive the stipulated annual payment for the transfer of environmental services in the agreed time, provided he is up to date in the payment of obligations with the Costa Rican Social Security Fund, Fodesaf, Water Directorate of MINAE, tax on corporations, and likewise he must be up to date with the obligations contracted with Fonafifo and its trusts.
- b)Receive payment adjustments, as stipulated in this contract.
- c)Be notified prior to any visit to the property, except as provided in the preceding clause.
- d)In case of alleged breach, have the right to due process in the administrative venue.
Fonafifo has the right to:
- a)Demand compliance with the obligations contracted in this contract by THE BENEFICIARY.
- b)Monitor and supervise the property where the forest subject to this contract is located.
- c)Suspend pending payments in the event of alleged or proven contractual breaches, or in the event that liens, annotations, segregations, lawsuits, cadastral notices, embargoes, immobilizations, and administrative warnings are imposed on the property, when these call into question the rights over the property, its ownership, or possession according to Fonafifo's criteria.
- d)Dispose of the environmental services transferred by THE BENEFICIARY.
CLAUSE NINE: Of the Encumbrance on the Property.
THE BENEFICIARY and Fonafifo, in compliance with the provisions of Article 49 of the Forestry Law 7575 and Article 59 of the Regulation to said Law, agree that Fonafifo shall proceed to register this contract in the Property Registry, as an encumbrance on the referred property for its term of validity. To achieve its registration, Fonafifo shall deduct zero point six percent (0.6%) from the amount of the initial payment, to cover the costs of the proceeding, an amount that shall be transferred to the account of Trust Fonafifo-Banco Nacional de Costa Rica 544, or to Fonafifo's accounts. (MORTGAGE) (IDA/INDER LIMITATIONS) CLAUSE TEN: On the Disposition of the Property THE BENEFICIARY may sell, donate, lease, encumber, segregate, or dispose of by any means the property subject to this contract; however, in the event that such actions affect the project area, THE BENEFICIARY undertakes to expressly establish, in the respective deed, a clause in which the new owner or acquirer states that they are aware of the project and that they commit under the same conditions to the fulfillment of the contract.
Once the transfer or the corresponding instrument is registered in the Property Registry, THE BENEFICIARY undertakes, within 30 calendar days thereafter, to notify Fonafifo, so that it can proceed with the contractual modification regarding the new owner; otherwise, the contract termination process and the return of the amount paid, at Fonafifo's discretion, shall begin.
Even if THE BENEFICIARY fails to comply with the obligation established in this clause, it is presumed that the new owner, acquirer, or lessee accepted the property with the contract's encumbrance and shall be the new party responsible for its compliance, with THE BENEFICIARY being jointly and severally liable for these obligations, until the amendment of this contract or its termination is formalized.
Should the new owner or lessee not wish to continue with the execution of the contract, a termination by mutual agreement may be established with "Fonafifo". For this purpose, the amounts paid by Fonafifo and received by THE BENEFICIARY must be returned. In these cases, when applicable, it is at Fonafifo's discretion, to include in this termination only the return of the last period, assuming that the environmental services of previous years were already received satisfactorily.
CLAUSE ELEVEN: Supervening Situations on the Property during the Contract Term If during the term of this contract it becomes evident—by any means—that administratively or judicially there is an ordinary lawsuit, an interdict, an overlapping of plans, or any claim implying alterations to the attributes of ownership, or over the location of the property, and as a consequence of this it is foreseen that there is a risk for Fonafifo of not making proper payment for environmental services acquired under this contract, Fonafifo shall make a prior assessment, and if necessary, an ordinary administrative procedure shall be initiated as provided by the General Law of Public Administration, suspending, in that same act, the pending disbursements, until the real truth of the facts is verified and the final resolution is issued.
CLAUSE TWELVE: Of the Offense In the execution of the contract, two types of offenses may occur: Minor and serious. Minor offenses shall be resolved by the Regional Offices; serious offenses shall be resolved according to clause thirteen of this contract. Fonafifo shall determine the seriousness of the offense that entails the contractual breach, taking into account the impact on the forest and the technical criteria, which must be duly documented in the administrative file.
CLAUSE THIRTEEN: Of the Breach The breach of the terms and obligations of this contract generates the right for the compliant party to demand forced compliance, or to terminate the contract without liability for themselves, with both situations potentially generating the payment of damages and losses consisting of the return of the economic resources and their interest when applicable.
Notwithstanding the foregoing, the regional representative of Fonafifo, upon detecting any anomalous situation or alleged breach, shall proceed to communicate with THE BENEFICIARY and his regent, to clarify the facts and reach an agreement, in order to continue with the contract, complying with the technical and administrative provisions issued for this purpose.
If the existence of alleged serious offenses entailing a contractual breach is evidenced, Fonafifo shall establish an ordinary administrative procedure as provided by the General Law of Public Administration, in order to establish the real truth and declare the breach. Fonafifo shall suspend the pending payment disbursements, until the final act is issued in which the breach is or is not declared.
Notwithstanding the provisions of this clause, during the course of the administrative procedure for alleged breach, THE BENEFICIARY may propose a remedial plan to Fonafifo, which shall be evaluated by Fonafifo and, if accepted, the respective adjustments to this contract shall be made.
CLAUSE FOURTEEN: Of the Return of Resources, Payment of Interest, and Others In the event of proven breach, when the return of resources is applicable, these shall be made by THE BENEFICIARY recognizing to Fonafifo the payment of current interest starting from the verification of the breach, which shall correspond to the basic rate plus three points, and as default interest a rate of one percent monthly.
In cases where THE BENEFICIARY must make returns not arising from contractual breach, the amount shall be returned to Fonafifo without current interest, but default interest shall be charged at a rate of one percent monthly from the date of default.
In both cases, Fonafifo and THE BENEFICIARY may agree on payment arrangements whose conditions must be adequate and convenient for Fonafifo.
CLAUSE FIFTEEN: Of Official Communications and Contractual Address For all purposes, the parties establish the following as contractual addresses:
Fonafifo: Corresponding Regional Office THE BENEFICIARY: Address The means for receiving notifications related to this contract shall be the following:
Fonafifo: Fax or email of the Regional Office THE BENEFICIARY: Fax or email It is the duty of the parties to inform of any change in these addresses and means for receiving notifications; should these changes occur, a formal written communication shall suffice and does not require the amendment of the contract; however, should the address or notification means change and the counterparty is not informed, the latter shall validly carry out any communication or procedure via the originally established notification means.
(Note from Sinalevi: Through sessions N° 07-2020 and 08-2020 of August 12, 2020, and September 9, 2020, it was agreed to amend the previous clause fifteen. As the amendment does not coincide, it is transcribed: ".Clause Fifteen: Of the Non-Execution of Payments.
If during the execution of this contract, Fonafifo cannot make the scheduled payments for reasons attributable to the Beneficiary, such as lack of regency, lack of the annual regency report, non-payment of social charges, breach regarding the property ownership, or others, the beneficiary shall lose the right to receive the unmade payments, after 24 months from when these can become effective; when this situation applies, Fonafifo must notify the Beneficiary of said decision indicating the detail of the years that will not be paid and the reasons for such decision.") Fonafifo will consider exceptions to the application of this clause provided that the beneficiary so requests and demonstrates the reasons for the omission.)
CLAUSE SIXTEEN: Interpretation criteria The parties establish that this contract shall be interpreted under the principles of good faith and mutual cooperation; in any case, this interpretation shall aim to enable the fulfillment of the agreed contractual object.
CLAUSE SEVENTEEN: Concerning the Annexes to this contract The technical study that gave rise to the contract and the forest management (regencia forestal) reports shall form an integral part of this contract.
CLAUSE EIGHTEEN: Concerning the applicable Law In all cases, this contract shall be governed by Costa Rican legislation in general and specifically by Forest Law No. 7575, Executive Decree No. 25721-MINAE of 17/10/96 and its amendments, the Manual of Procedures for Payment for Environmental Services, published in the Official Gazette La Gaceta No. 46 of March 6, 2009 and its amendments, the Ministerial Resolution, as well as other provisions issued by the Executive Branch. The applicable jurisdiction shall be the Courts of Justice of Costa Rica.
CLAUSE NINETEEN: Concerning the effective date This contract takes effect upon its signing.
Having read the foregoing, we approve and sign it in two originals on the ..... day of the month of ...... of the year 202-.
____________________________________ EXECUTIVE DIRECTOR NATIONAL FOREST FINANCING FUND _______ XXXX BENEFICIARY
CONTRACT FORMAT FOR PAYMENT FOR ENVIRONMENTAL SERVICES FOR RECOVERY OF FOREST COVER THROUGH THE ACTIVITY OF REFORESTATION WITH MEDIUM-GROWTH SPECIES CONTRACT NUMBER XX-01-204-XXXX-201_ We, _____________________, (capacities), bearer of identity card __________________________, resident of _________________, in his capacity as Minister of Environment and Energy, according to Executive Agreement Number _________________, published in the Alcance of La Gaceta Digital Number ___________________, hereinafter referred to as "MINAE", who, through Resolution Number _____________-MINAE, of __________________, published in La Gaceta Digital number _________________ of ________________, has delegated the signing of contracts processed by the National Forest Financing Fund for Payment for Environmental Services in any of its modalities to Mr. ____________________, (capacities), bearer of identity card number _________________, resident of _____________, Executive Director of the National Forest Financing Fund, who also acts in his capacity as General Unlimited Legal Representative without limit of sum, as recorded in the Legal Persons Registry of the Public Registry, under the registration citations Volume: ____________________, hereinafter referred to as Fonafifo, legal ID three-zero zero seven-two hundred four thousand seven hundred twenty-four, and _________________ (capacities, ID, exact address), hereinafter referred to as THE BENEFICIARY, based on Forest Law number seven thousand five hundred seventy-five, its Regulation, Executive Decree Number 25721-MINAE and its amendments, Resolution Number R-__-___-MINAE of ___ hours ___ minutes on the ___ of ___, two thousand ___, published in Alcance Number __ of ___ of ___, ___ and the Manual of Procedures for Payment for Environmental Services, we agree to enter into this contract, which shall be governed in particular by the following clauses:
CLAUSE ONE: Concerning the property THE BENEFICIARY is the owner of a property in the district of ____, registered in the National Registry under Real Folio Registration Number N°................................, which is land of .... located in the District........, Canton .........., of the province of ..............., bordering to the North: ........., South: ....., East: ......... and West: ............, Measuring: ..... Cadastral Map N° X-............., over which he/she exercises the rights of use, enjoyment, and disposal, expressly stating that said rights are not subject to any disturbance, judicial or administrative dispute that affects the ownership of the real property.
CLAUSE TWO: Concerning the Object of the Contract By this act, THE BENEFICIARY transfers to Fonafifo the environmental services generated by the reforestation project to be established on said property, for the benefit of environmental protection and improvement. These services are: a) Mitigation of greenhouse gas emissions (fixation, reduction, sequestration, storage, and absorption) b) Protection of water for urban, rural, or hydroelectric use, c) Protection of biodiversity for its conservation and sustainable, scientific, and pharmaceutical use, research and genetic improvement, protection of ecosystems and life forms, and d) Natural scenic beauty for touristic and scientific purposes. These environmental services shall be delivered in annual, future tracts accounted for from the signing of this contract, provided that the forest manager (regente forestal) so certifies, by confirming that the conditions of the forest plantation present adequate states of establishment, maintenance, growth, and management. By virtue of the transfer of environmental services made in this contract, Fonafifo is free to dispose of the acquired and transferred environmental services in whatever manner it deems appropriate, being able to sell them to third parties both nationally and internationally, without being required to communicate such action to THE BENEFICIARY, who may not claim any amount from Fonafifo for this disposition of the acquired services. In accordance with the foregoing, THE BENEFICIARY may not, under any concept, sell or dispose of, by any title, the environmental services generated by the reforestation project during the term of this contract.
CLAUSE THREE: Concerning the term The term of this contract is sixteen years, according to Ministerial Resolution R-420-2017-MINAE.
CLAUSE FOUR: Concerning the project area The area in which the reforestation protection project shall be developed will be.......... hectares. However, in cases where the establishment occurs within the next 12 months, the final area shall be that indicated in the certification issued by the Forest Manager (Regente), which forms part of this contract.
CLAUSE FIVE: Concerning the price and form of payment Fonafifo, as consideration for the transfer established in this contract, shall pay for the acquired environmental services a sum of _____ colones for each hectare of forest plantation established under the Payment for Environmental Services program, according to the provisions of Ministerial Resolution R-420-2017 MINAE. Fonafifo shall advance, during the first five years of the contract term, the payment through annual disbursements, as follows: fifty percent (50%) when the forest manager certifies that the plantation has been established and shows adequate growth; the other four disbursements correspond to twenty percent (20%), fifteen percent (15%), ten percent (10%), and five percent (5%); these disbursements shall be issued against the respective forest management (regencia) report, which must be provided at 12, 24, 36, and 48 months after the first report of forest plantation establishment.
To obtain payment in subsequent years, the forest manager must certify that the plantation is maintained, that it is in a technically acceptable condition, that the yields by growth age conform to the provisions of the growth tables officially issued by the Ministry of Environment and Energy for the planted species, as well as to the calculation formulas, all of which form part of this contract.
If, within a maximum period of three years after each of the indicated deadlines, the respective collection is not made, these payments shall lapse and shall not be paid by Fonafifo, without generating any liability on its part. (ORGANIZATION) CLAUSE SIX: Concerning the updating of amounts The amounts established in this contract shall be readjusted according to the consumer price index established by the Central Bank. These readjustments shall be made annually, through a communication issued by Fonafifo.
CLAUSE SEVEN: Concerning the obligations of the Beneficiary THE BENEFICIARY undertakes to: a) Establish the forest plantation that generates the environmental services indicated in this contract, according to the terms proposed by THE BENEFICIARY in the technical reforestation study proposed and approved by Fonafifo, which, for all purposes, forms an integral part of this contract. For the establishment of the plantation, "The Beneficiary" has a period of twelve months from the signing of this contract. b) Maintain the forest plantation during the term established in this contract, executing all silvicultural maintenance and management actions established by science and technique. c) Comply with the minimum growth volumes of the plantation according to the tables and calculation mechanisms officially established in Resolution Number R-420-2017-MINAE. d) Have a duly registered forest manager during the term of this contract and in the years officially established as mandatory; the manager must report at least once a year on the status and growth of the plantation. THE BENEFICIARY must present a copy of the forest management (regencia) Form duly paid and registered with the College of Agricultural Engineers of Costa Rica. e) Establish and maintain throughout the term of this contract measures to prevent and control burning and forest fires. Not carry out felling, extraction, or harvesting of the forest plantation prior to what is established in the technical study and in this contract, unless for technical reasons so ordered by the Forest Manager (Regente), in which case prior authorization from Fonafifo in writing will be required, so that the forest plantation can produce the maximum environmental services. The thinnings scheduled in the technical study do not require a permit from Fonafifo and are mandatory to perform. f) Carry out the necessary actions to protect the forest plantation from damage caused by third parties; these protective actions, at a minimum, shall be: demarcation (deslinde) of the plantation area, existence and cleaning of firebreaks or fences, firebreaks in areas prone to fires, supervision and periodic monitoring of the project area at least every three months, establishment and maintenance of signs according to the provisions of the Manual of Procedures for Payment for Environmental Services. g) Not carry out or permit hunting or capture of wild fauna and carry out the necessary actions within his/her reach to prevent third parties from practicing such actions on his/her farm, according to the provisions of the preceding subsection. h) Not carry out agricultural or livestock activities that are incompatible in the area of the plantation; should the farm have an area dedicated to these purposes, it must necessarily be fenced or delimited so that these actions do not harm the processes occurring in the plantation. This incompatibility of agricultural or livestock activities must be incorporated into the technical study and approved by Fonafifo. i) Should unauthorized or unscheduled felling actions and/or alterations to the plantation carried out by people, hunting activities, or any other that could damage the forest plantation occur, THE BENEFICIARY must file, within 15 calendar days after becoming aware of the facts, the criminal complaint with the Public Prosecutor's Office, and the administrative complaint with SINAC. Copies of these complaints must be sent to the Regional Office of Fonafifo no later than 30 calendar days after having been filed, along with the forest management (regencia forestal) report of the forest manager, quantifying the damages and impacts produced with their respective technical recommendation. j) Allow Fonafifo, through its personnel, State control and supervision bodies, as well as personnel from private companies performing control actions or duly identified, free access to the property to carry out monitoring, quantification, and supervision actions, in order to verify, when deemed appropriate, the condition of the plantation and compliance with the contract. Fonafifo shall always endeavor to communicate such visits in advance to the place of notifications contractually established, except in cases of complaints where it may validly omit this formality. k) Guarantee to Fonafifo, throughout the term of the contract, the possession and ownership of the properties subject to this contract. l) Comply with the technical and/or administrative provisions issued by the forest manager (regente forestal) or Fonafifo, which shall always be in writing. m) Be current with the obligations to the Costa Rican Social Security Fund and Fodesaf. n) Transfer to Fonafifo the Environmental Services subject to this contract. o) Keep active an account issued by a banking, financial, mutual, or savings and credit cooperative entity in the name of the Beneficiary to make the respective payments.
CLAUSE EIGHT: Concerning the rights of the parties THE BENEFICIARY has the right to:
- a)Receive the stipulated annual payment for the transfer of environmental services within the agreed timeframe, provided he/she is current in the payment of obligations to the Costa Rican Social Security Fund, Fodesaf, the MINAE Water Directorate, the tax on corporations, and with the debts contracted with Fonafifo and its trusts.
- b)Receive the payment adjustments, as stipulated in this contract.
- c)Be notified prior to any visit to the property, except as provided in the preceding clause.
- d)In the event of an alleged breach, shall have the right to due process in the administrative venue.
Fonafifo has the right to:
- a)Demand compliance with the obligations contracted in this contract by the beneficiary.
- b)Monitor and supervise the property where the forest plantation subject to this contract is located.
- c)Suspend pending payments in the event of alleged or proven contractual breaches, or in the event that liens, annotations, segregations, lawsuits, cadastral notices, embargoes, immobilizations, and administrative warnings are imposed on the property, when these call into doubt the property rights, the ownership, or possession thereof, according to Fonafifo's criteria.
- d)Dispose of the environmental services transferred by THE BENEFICIARY.
CLAUSE NINE: Concerning the encumbrance (afectación) on the property.
THE BENEFICIARY and Fonafifo, in compliance with the provisions of Article 49 of Forest Law 7575 and Article 59 of the Regulation to said Law, agree that Fonafifo shall proceed to register this contract in the Real Property Registry, as an encumbrance (afectación) on the referred property for its term of validity. To achieve its registration, Fonafifo shall deduct zero point six percent (0.6%) from the initial payment amount to cover the expenses of the procedure. Said amount shall be transferred to the account of the Fonafifo-Banco Nacional de Costa Rica Trust 544, or to Fonafifo’s accounts. (MORTGAGE) (IDA/INDER LIMITATIONS) CLAUSE TEN: Concerning the disposition of the property THE BENEFICIARY may sell, donate, lease, encumber, segregate, or dispose by any means of the property subject to this contract; however, in the event that such actions affect the project area, THE BENEFICIARY undertakes to expressly establish in the respective deed a clause in which the new owner or acquirer states that they are aware of the project and that they undertake under equal conditions to comply with the contract.
Once the transfer or corresponding instrument is registered in the Real Property Registry, THE BENEFICIARY undertakes, within the following 30 calendar days, to notify Fonafifo so that it may proceed with the contractual modification of the new owner; otherwise, the process of contractual settlement (liquidation) and the return of amounts paid shall begin. Even if THE BENEFICIARY does not comply with the obligation established in this clause, it is presumed that the new owner, acquirer, or lessee accepted the property with the encumbrance of the contract and shall be the new party responsible for its compliance, with THE BENEFICIARY being jointly and severally liable for these obligations until the modification of this contract or its settlement is formalized. Should the new owner or lessee not wish to continue with the execution of the contract, a settlement by mutual agreement with Fonafifo may be established; for such purpose, the amounts paid by Fonafifo must be returned. In these cases, when applicable, it is at Fonafifo's discretion to recognize in this settlement the environmental services rendered and received satisfactorily.
CLAUSE ELEVEN: Supervening situations on the property during the contract term If during the term of this contract it becomes evident—by any means—that administratively or judicially there is an ordinary lawsuit, an injunction, an overlapping of maps, or any claim that implies alterations to the attributes of ownership, or regarding the location of the property, and as a consequence of this, it is foreseen that there is a risk for Fonafifo of not making a proper payment for environmental services acquired through this contract, Fonafifo shall conduct a prior assessment, and if necessary, an ordinary administrative proceeding shall be initiated as provided by the General Law of Public Administration, suspending, in that same act, the pending disbursements until the true facts are verified and the final resolution is issued.
CLAUSE TWELVE: Concerning breaches (faltas) In the execution of the contract, two types of breaches may occur: Minor and serious. Minor breaches shall be resolved by the Regional Offices; serious breaches shall be resolved according to Clause Thirteenth of this contract. Fonafifo shall determine the severity of the breach entailing the contractual non-compliance, taking into account the impact on the forest plantation and the technical criteria, which must be duly documented in the administrative record (expediente administrativo).
CLAUSE THIRTEEN: Concerning non-compliance The non-compliance with the terms and obligations of this contract generates the right for the complying party to claim forced compliance, or to terminate the contract without liability for itself, with both situations potentially generating the payment of damages consisting of the return of the economic resources and their interest, when applicable. Notwithstanding the foregoing, the regional representative of Fonafifo, upon detecting any anomalous situation or any alleged non-compliance, shall proceed to communicate with THE BENEFICIARY and his/her forest manager (regente), to clarify the facts and reach an agreement, in order to continue with the contract, complying with the technical and administrative provisions issued for that purpose.
If the existence of alleged serious breaches entailing contractual non-compliance is evidenced, Fonafifo shall establish an ordinary administrative proceeding according to the provisions of the General Law of Public Administration, to establish the true facts and declare the non-compliance. Fonafifo shall suspend the disbursements pending payment until the final act is issued in which the non-compliance is declared or not.
Notwithstanding the provisions of this clause, during the course of the administrative proceeding for alleged non-compliance, THE BENEFICIARY may propose to Fonafifo a remedial plan, which shall be evaluated by Fonafifo, and if accepted, the respective adjustments to this contract shall be made.
CLAUSE FOURTEEN: Concerning the return of funds, payment of interest, and others In case of proven non-compliance, when the return of funds is applicable, these shall be made, recognizing to Fonafifo the payment of ordinary interest from the verification of the non-compliance, which shall correspond to the basic rate plus three points, and as default interest a rate of one percent per month.
In the event that THE BENEFICIARY must make returns not deriving from contractual non-compliance, the amount shall be returned to Fonafifo without ordinary interest, but default interest shall be charged at a percentage of one percent per month from the default.
In both cases, Fonafifo and THE BENEFICIARY may agree on payment arrangements whose conditions must be adequate and convenient for Fonafifo.
CLAUSE FIFTEEN: Concerning official communications and the contractual address For all purposes, the parties establish the following as their contractual addresses:
Fonafifo: Corresponding Regional Office THE BENEFICIARY: Address The means for receiving notifications related to this contract shall be the following:
Fonafifo: Fax or email of the Regional Office THE BENEFICIARY: Fax or email It is the duty of the parties to inform of any change in these addresses and means for receiving notifications; should these changes occur, a formal written communication shall suffice and no modification to the contract is required; however, should the address or means for notifications change and the counterparty is not informed, the latter may validly carry out any communication or proceeding using the means for notifications originally established.
CLAUSE SIXTEEN: Interpretation criteria The parties establish that this contract shall be interpreted under the principles of good faith and mutual cooperation; in any case, this interpretation shall aim to enable the fulfillment of the agreed contractual object.
CLAUSE SEVENTEEN: Concerning the Annexes to this contract The technical study that gave rise to the contract and the forest management (regencia forestal) reports shall form an integral part of this contract.
CLAUSE EIGHTEEN: Concerning the applicable Law In all cases, this contract shall be governed by Costa Rican legislation in general and specifically by Forest Law No. 7575, Executive Decree No. 25721-MINAE of 17/10/96 and its amendments, the Manual of Procedures for Payment for Environmental Services, published in the Official Gazette La Gaceta No. 46 of March 6, 2009 and its amendments, the Ministerial Resolution, as well as other provisions issued by the Executive Branch. The applicable jurisdiction shall be the Courts of Justice of Costa Rica.
CLAUSE NINETEEN: Concerning the effective date This contract takes effect upon its signing.
Having read the foregoing, we approve and sign it in two originals on the ..... day of the month of ...... of the year 202-.
____________________________________ EXECUTIVE DIRECTOR NATIONAL FOREST FINANCING FUND _______ XXXX BENEFICIARY
PROVISIONS FOR ESTABLISHING MEASUREMENT PLOTS IN REFORESTATION AND AGROFORESTRY SYSTEM (SAF) BLOCK PROJECTS The forest manager (regente forestal) must use the size of plots for the annual measurement of the plots starting from the first 1 year (12 months) according to the type of species growth and the requirements of the respective resolutions, using the following instrument, to process the corresponding payments for the projects of forest plantations, blocks, and SAF projects in which the respective measurement requirements were established.
1. Permanent plot size.
For the inventory of plots, permanent circular plots of a size of 500 m2 shall be used in all cases. Considering for the sampling, a stratification by site conditions, age, species, stratum or stand, by farm, or another relevant aspect to consider in the sampling design. In exceptional cases, other plot sizes shall be accepted if the forest manager demonstrates that it is part of the system of specific plots that the beneficiary has.
2. Estimation of the sampling intensity and number of plots per hectare.
The sampling intensity and number of plots per hectare are shown in the following chart; considering that, if the plantation shows different site conditions, age, species, stratum or stand, by farm, or another relevant aspect, the stratification must be considered according to each criterion.
The number of plots per area shall depend on the stratification proposed.
| Área (ha) efectiva de proyecto | N° Parcelas de 500 m² | Intensidad de muestreo (%) |
|---|
| 1 < 5 | 3 | 15-3 |
| 5 < 10 | 4 | 4-2 |
| 10 < 50 | 5 | 2.5-0.5 |
| > 50 | 8 | <0.8 |
3. Variables to measure.
In the sampling units, the forest measurement (dasonómicas) variables to be measured in all trees are the diameter (dbh at 1.30 m) and the total height (measure 1 tree out of every 10 trees and the rest of the trees with estimated heights); indicating on the form whether the height is measured or estimated.
When trees have not reached heights greater than 1.3 m, only the total height shall be reported.
4. Plantation quality assessment.
The qualification criteria for the quality of a plantation based on the coefficients of variation for the diameter and for the height (in those cases where dbh cannot yet be measured).
II. Coefficient of Variation of total height = standard deviation / average total height
III. Coefficient of Variation of total diameter = standard deviation / average diameter
The assessment of the plantation shall begin from the year of establishment (year 0) of the forest plantation with the delivery of the forest management (regencia) reports. The data measurement shall be from year 1 or year 2 depending on the type of growth, which shall serve to evaluate the condition of the plantation and the requirements established in the current regulations regarding growth.
5. Plot measurement and variable calculations.
Plot measurement shall be performed annually in reforestation and SAF block projects where so established in the current regulations. The mortality percentage in each stratum or plot must be indicated in the first forest management (regencia) report, and the annual mortality percentage and causes of mortality must be indicated, as well as the thinning percentage, where applicable, in the subsequent forest management (regencia) reports.
For the information to be collected in the field, the following format is provided, which must be completed for each project; it must be an Excel file that the forest manager shall submit by email to the Regional Office and the Management Department simultaneously upon delivering the printed forest management (regencia) report with the respective stamps to the corresponding Regional Office.
In plot measurement, data for total height must be presented (in those cases where the dbh cannot be measured), measurement of total height and diameter at breast height (dbh) in plantations having a height greater than 1.3 m (indicating with 1 decimal). The height and diameter with their respective coefficients of variation.
The following charts must be placed in a database, placing each variable horizontally to fill in each datum across the width of the database, thereby allowing the generation of a database with individual trees downward along the 5 years of measurement, maintaining the heading with all variables. The foregoing, so as to allow obtaining the same information from all forest plantation projects and, in this way, allow a total data analysis related to increments.
5.1. Description of variables The variables corresponding to the standardized database for assessing the growth and quality of forest plantations, which must be generated in a horizontal Excel database, are detailed below.
| Variable | Descripción | Tipo de Dato |
|---|
| Id_regente | Código asignado por el colegio respectivo | Número |
| Nombre_regente | Nombre del profesional en regencia forestal | Texto |
| Contrato | Número de contrato para cada proyecto de PSA | Texto |
| Fecha_medición | Fecha de establecimiento de parcela | Fecha |
| Cobertura | Indicar si tiene cobertura boscosa antes del proyecto. Si o No | Texto |
| Tipo_proyecto_SAF | 1= Bloque, 2=Árboles dispersos | Número |
| Tamaño_parcela_m2 | Tamaño de parcela en metros cuadrados | Número |
| Estrato | Estrato, especie, edad, bloque, año de siembra o rodal | Texto |
| Nombre_estr o bloque | Nombre del estrato, rodal, SAF bloque u otro | Texto |
| Área_estrato_h a | Área del estrato, bloque, rodal o SAF bloque | Decimal |
| Especie_1 | Nombre de la especie 1 | Texto |
| Especie_2 | Nombre de la especie 2 | Texto |
| Plantación_año_1 | Año de establecimiento de la plantación | Número |
| Plantación_año_2 | Segundo año de establecimiento de la plantación | Número |
| N_ha_inicial | Número de árboles sembrados por hectárea del año 0 | Número |
| N_árboles_parc ela | Número de árboles en la parcela por año de medición | Número |
| N_parcela | Identificación del número de parcela | Número |
| Árbol_No | Número del árbol en la parcela que va de 1 hasta el último árbol por año | Número |
| Dap_cm_1 | Diámetro a la altura de pecho en centímetros de todos los árboles año 1 | Decimal |
| Dap_cm_2 | Diámetro a la altura de pecho en centímetros de todos los árboles año 2 | Decimal |
| Dap_cm_3 | Diámetro a la altura de pecho en centímetros de todos los árboles año 3 | Decimal |
| Dap_cm_4 | Diámetro a la altura de pecho en centímetros de todos los árboles año 4 | Decimal |
| Dap_cm_5 | Diámetro a la altura de pecho en centímetros de todos los árboles año 5 | Decimal |
| Medición_altur a_1 | Altura medida en metros de 1 árbol de cada 10 y del resto estimada año 1 | Decimal |
| Medición_altur a_2 | Altura medida en metros de 1 árbol de cada 10 y del resto estimada año 2 | Decimal |
| Medición_altur a_3 | Altura medida en metros de 1 árbol de cada 10 y del resto estimada año 3 | Decimal |
| Medición_altur a_4 | Altura medida en metros de 1 árbol de cada 10 y del resto estimada año 4 | Decimal |
| Medición_altur a_5 | Altura medida en metros de 1 árbol de cada 10 y del resto estimada año 5 | Decimal |
| Altura_total_m_ 1 | Altura total en metros de todos los árboles año 1 | Decimal |
| Altura_total_m_ 2 | Altura total en metros de todos los árboles año 2 | Decimal |
| Altura_total_m_ 3 | Altura total en metros de todos los árboles año 3 | Decimal |
| Altura_total_m_ 4 | Altura total en metros de todos los árboles año 4 | Decimal |
| Altura_total_m_ 5 | Altura total en metros de todos los árboles año 5 | Decimal |
The information from the previous chart would be repeated depending on the number of strata/blocks that need to be measured in a project.
The forest manager must provide the individual data of the trees in an Excel file renamed with the contract number, and the sheets of the file must be named according to the type of stratum, species, or other relevant aspect that requires stratification.
5.2. Statistical calculations of the dasometric variables.
To evaluate the condition of the plantation, the forest manager must provide the calculated data on a sheet of the same Excel file, which must be called "Cálculos" (Calculations), including at least the following variables for the analysis.
| Variable | Cálculo |
|---|
| dap promedio | Promedio de todos los dap por parcela |
| Altura promedio | Cuando se mide dap, la altura promedio se refiere a la altura total. En los casos en que se reporta la altura total (cuando la planta tiene altura menor a 1.3 m), se refiera a esta altura total reportada. |
| Área basal | Sumatoria de áreas basimétricas calculada de la siguiente forma= (π/4) *dap² |
| Volumen en metros cúbicos por hectárea | Calculado mediante la siguiente fórmula: Vt = π/4 * (DAP)² * Htot * Ff * N |
| Número de árboles por hectárea | Calculado por parcela y llevado a hectárea según el área de la parcela |
| Coeficiente de variación del diámetro | Calculado según la fórmula del punto 4 |
| Coeficiente de variación de la altura total | Calculado según la fórmula del punto 4 |
| Incremento medio anual del diámetro | (Crecimiento anual en diámetro de la totalidad de las parcelas) |
| Incremento medio anual de la altura total | (Crecimiento anual en altura total de la totalidad de las parcelas) |
| Incremento medio anual del volumen total por ha | (Crecimiento anual en volumen de la totalidad de las parcelas) |
| Porcentaje de mortalidad | N° árboles muertos / Número de árboles totales * 100 |
For the calculation of the volume, the following equation must be used:
Vt = π/4 * (DAP)² * Htot * Ff * N Where:
Π = π (pi) is the ratio between the length of a circumference and its diameter in Euclidean geometry.
Vt = Total volume per hectare expressed in cubic meters DAP = Diameter at breast height (1.3m) expressed in meters Htot = Total height Ff = Form factor equal to 0.5 N = Number of trees per hectare 5.3. General considerations a. The information from the previous chart would be repeated depending on the number of strata/blocks that need to be measured in a project.
b. Those cases where the established yields are not reached according to the date of the plantation must present the data again until these yields are reached.
c. For fast-growth reforestation contracts, the forest manager (regente) must present reports certifying their condition at years 8 and 10; for medium-growth projects and other species, reports must be presented at year 8, 12, and 16.
d. In other projects that require data, the forest manager must present a status report at year 5, as established in the corresponding resolution.
e. The forest regent shall prepare a regency report for each visit conducted (at least one visit per year shall be conducted), according to the planting date. A period of 20 business days after having conducted the corresponding visit shall be provided for its delivery, as stipulated by Decreto Ejecutivo N° 38444.
f. In reforestation and SAF block projects, replanting shall not be permitted after year 1, until personnel from the Regional Office assess the project conditions.
g. In all cases, annual contract payments shall be processed; provided that the forest regency form is current and that the regent is up-to-date with obligations to CIAgro.
6. Assessment of the incidence of *Nectria sp* in forest plantations.
To assess the incidence of the disease in all projects that have this species planted, the forest regent must carry out the assessment.
6.1. Sampling system.
The recommended sampling percentage ranges between 2 - 7%. A systematic measurement sampling is recommended for every 5 rows and in each row every 3 trees (6-7 %).
Modifications may be made if it is desired to lower the percentage regarding the percentage of rows assessed, or the trees per row. The possibility of using permanent measurement plots (PPM) for projects that have them may also be evaluated.
6.2. Severity and incidence of the disease.
In each plot, the incidence of damage (I) and the average severity index (IPS) of the disease shall be determined, according to the following formulas, (Arauz, 1998; Couto et al, 2007).
I = Total diseased trees / Total sampled trees * 100.
IPS = 𝛴(Category grade x frequency) / Total evaluated units x 100 For the determination of severity categories, the methodology developed by Salas (2014), specifically for measuring the same disease evaluated in that study, shall be used as a basis.
6.3. Diagrammatic scale for categorizing the severity of melina trunk rot (visual assessment).
PROVISIONS FOR ESTABLISHING BLOCK MEASUREMENT PLOTS AND ROW MEASUREMENT SIPMABE The forest regent must use the plot size for the annual measurement of plots starting from the first year (12 months) according to the growth type of species and requirements of the respective resolutions, using the following instrument, to process the corresponding payments for SIPMABE projects in which the respective measurement requirements were established.
1. Size of permanent plot.
For plot inventory, in all cases, circular permanent plots of 400 m2 (11.28 m radius) shall be used. Considering, for sampling, a stratification by site conditions, age, species, stratum or stand, by farm, or another relevant aspect to consider in the sampling design.
2. Estimation of sampling intensity and number of plots per hectare.
The sampling intensity and number of block plots per hectare are shown in the following table; considering that, if the plantation shows different site conditions, age, species, stratum or stand, by farm, or another relevant aspect, stratification according to each criterion must be considered.
| Sampling intensity (%) | Number of plots per hectare |
|---|
| 2 | 2 plots every 5 hectares |
Source: Adapted by the FONAFIFO Technical Reforestation Commission, 2025 from Murillo O, Badilla Y. (2004).
Establishment of sampling intensity and number of trees in a row system.
In the case of establishing SIPMABE trees in rows, the sampling intensity shall be 3% of the number of trees present in the system. For these cases, every 33rd tree is measured, starting in any row at random. This sampling methodology establishes, as an adjustment, taking data in trios (three trees together or as the rows are distributed) at each of the sampling points for nearby trees.
| Sampling intensity (%) | Number of trees |
|---|
| 3 | 1 + n* |
*n= number of trees Source: Adapted by the FONAFIFO Technical Reforestation Commission, 2025 from Murillo O, Badilla Y. (2011).
3. Variables to measure In the sampling units, the forest mensuration variables to be measured in all trees are the diameter (dbh at 1.30 m) and total height (measure 5 heights per block plot and report them in the standardized spreadsheet provided by FONAFIFO), the spreadsheet will automatically calculate the average height and distribute it to the rest of the trees in the plot. When trees have not reached heights greater than 1.3 m, only the total height will be reported.
4. Plot measurement and variable calculations The measurement of plots in SIPMABE projects shall be carried out in accordance with the provisions of current regulations. The mortality percentage in each stratum or plot must be indicated in the first regency report, and the annual mortality percentage and causes of mortality, and the thinning percentage when applicable, must be indicated in subsequent regency reports.
For the information to be collected in the field, a spreadsheet shall be provided by FONAFIFO where the data for each plot will be recorded, and simultaneously, when it is required to deliver the printed regency report with the respective stamp to the corresponding Regional Office.
In plot measurement, data on total height (in those cases where it is not possible to measure dbh), measurement of total height and diameter at breast height (dbh) in plantations that have a height greater than 1.3 m must be presented (indicating with 1 decimal).
Below, the information that will be part of the spreadsheet for data recording is detailed:
4.1. Description of variables Below, the variables that correspond to the standardized database for assessing growth and quality of forest plantations are detailed.
The information in the standardized spreadsheet shall be for the plots established for each project, with a tab within the Excel sheet for each plot.
The data provided by the Regent shall feed the standardized database, generating, through the systems, a report for the analysis of forest plantation growth by the Regional Managements or any other institutional body that requires it.
4.2. Statistical calculations of forest mensuration variables.
To evaluate the state of the plantation, from the data provided by the forest regent in the spreadsheet, it will have a section called "Summary", in which the detail of the mensuration values determining its growth will be displayed.
The volume estimation for the species *Gmelina arborea* (melina), *Voshysia gutemalensis* (cebo), *Tectona grandis* (teca) and other species shall be determined based on the following formulas:
Formula to estimate the merchantable volume for the species *Gmelina arborea* 1:
1 Burbano, S. s.f. 2004. Manual for the estimation of standing merchantable volume of *Gmelina arbórea* Roxb. plantations. COSEFORMA-MINAE-GTZ. 31 p.
Vc = e-11.6424 + 2.2444 * Ln(d) + 1.1249 * Ln(h) Where, Vc = merchantable volume with bark (m3) down to a minimum diameter of 10 cm d = diameter in cm at 1.3 m above ground level h = total tree height (m) e = 2.71828 r2 = 0.98 Formula to estimate the merchantable volume for the species *Tectona grandis* 2:
2 Gómez, M; Mora, F. 2003b. Equations and volume tables for individual trees in Teca (*Tectona grandis* Linn) plantations. Pacific Slope, Costa Rica. In Proceedings of the "Seminar and virtual discussion group on teca, November 26-27 and 28, 2003". Heredia, CR, National University, Institute of Forestry Research and Services. 22 p. ISBN 9968- 9996- 3-6. 1 compact disc.
Vtcc = 0.0124845 - 0.00345137 * (Dap) + 0.00045169 * (Dap2) + 0.00000994466 * (Dap3) 3 ACUÑA, P. 2000. Proposal for the estimation of merchantable volume for *Hyeronima alchorneoides* Allemao. and *Vochysia guatemalensis* J.D. Smith. in the Northern Zone of Costa Rica. COSEFORMA Publication No.56. 27 p.
Where, Vtcc = total volume with bark in m³.
Dap = diameter at breast height in centimeters measured at 1.30 m above ground level.
R² = 0.98 Formula to estimate the merchantable volume for the species *Vochysia guatemalensis* 3:
Vcc = -0.03299 + 0.0000929 * (dap)2 + 0.000289* (dap*h) + 0.0000203 * (dap2*h).
Where, Vcc = merchantable volume with bark in m³.
dap = diameter in cm at 1.3 m above ground level h = total tree height (m) Formula to estimate the volume for other species (general formula):
Vt = ?/4 * (Dap)² * Htot * Ff * N Where, ? = ? (pi) is the ratio of a circle's circumference to its diameter in Euclidean geometry.
Vt = Total volume per hectare expressed in cubic meters Dap = Diameter at 1.3m height expressed in meters Htot = Total height Ff = Form factor equal to 0.5 N = Number of trees per hectare 4.3. General considerations a. Those projects where the established yields are not reached according to the planting date, must present the data again until these yields are reached.
b. For SIPMABE projects, a report must be submitted at year 6.
c. The regent shall prepare a regency report for each visit conducted, according to the planting date. A period of 20 business days after having conducted the corresponding visit shall be provided for its delivery, as stipulated by Decreto Ejecutivo N° 38444.
d. In SIPMABE projects, replanting shall not be permitted after three months of establishing the plantation.
e. In all cases, payments shall be processed in accordance with the provisions of this standard; provided that the forest regency form is current and that the regent is up-to-date with obligations to CIAgro.
5. Assessment of the incidence of diseases in forest plantations.
To assess the incidence of the disease in all projects that have this species planted, the same procedure previously regulated in Anexo 12, item 6 of this manual, concerning reforestation activity, shall be applied.
(Thus added via session No. 9 of October 8, 2025)
FORMAT OF THE COOPERATION AGREEMENT BETWEEN THE NATIONAL FORESTRY FINANCING FUND AND THE ORGANIZATION.
We, Mr. Jorge Mario Rodríguez Zúñiga, of legal age, married once, agricultural engineer, identity card one-five hundred forty-five-seven hundred seven, resident of Sabanillas de Montes de Oca, in his capacity as Executive Director of the National Forestry Financing Fund, with powers of general attorney duly authorized for this act as recorded in the Legal Entity Registry of the Public Registry, under the registration citations: five hundred thirty-four thousand eight hundred seventy-nine-one-two, legal identity card three-zero zero seven-two zero four seven two four, hereinafter referred to as Fonafifo and (Name of the legal representative, qualifications, identity card, name of the Organization, legal identity card), as recorded by the Department of Social Organizations of the Ministry of Labor and Social Security, and in accordance with Agreement No. of the Administration Council dated hereinafter referred to as THE ORGANIZATION, based on the Forest Law, its regulation and the Manual of administrative procedures, as well as the good performance of the organization in similar tasks in the past, we agree to enter into this cooperation agreement which shall be governed by the following clauses:
FIRST: The organization undertakes to provide technical advice and follow-up to producer beneficiaries of PSA projects, in the modality of Forest Protection and Reforestation, Agroforestry Systems, and Natural Regeneration.
SECOND: The obligations of the Organization are:
a- To provide regency and technical advisory services in the execution of PSA projects.
b- To sign individual contracts with the beneficiaries of the PSA Program, which regulate the particular relationships with the beneficiaries. These contracts shall establish the fee amounts for the services provided, the periodicity of the technical assistance, among others.
c- To manage the collection and subsequent delivery to each beneficiary, of the resources corresponding to them; for this, it must channel said resources in an exclusive current account to administer the resources that Fonafifo transfers for PSA.
d- To commit to transferring the resources to the PSA beneficiaries, within a maximum of 15 calendar days after they are transferred by Fonafifo, provided no irregular situation has occurred.
e- To collaborate with Fonafifo in the supervision tasks of the PSA projects under its charge and technical supervision, during the term of this agreement. The Organization must immediately report any irregular situation arising from the PSA Contracts.
THIRD: The organization, for its participation, shall charge the beneficiary an amount that may not exceed 18% of each disbursement.
FOURTH: Fonafifo undertakes to pay the beneficiaries through the intermediation of the organization, as stipulated by them in the PSA contracts. However, when by mutual agreement it is established, or the organization disappears, or a serious breach of its obligations is proven, through an administrative procedure, Fonafifo may partially or totally suspend payments to the organization and transfer directly to the beneficiary. The organization waives in advance any claim derived from the application of this clause.
FIFTH: This Agreement has a term of five years, starting from its signing.
SIXTH: Any conflict arising in the execution or application of this agreement shall be resolved under the principles of good faith and mutual cooperation, but always considering the viability and execution of the PSA projects, signed with the beneficiaries.
SEVENTH: The organization shall not be responsible for the execution or non-compliance of the projects, unless having knowledge of irregularities, it did not report them in a timely manner.
EIGHTH: For tax purposes, this agreement is of inestimable value.
Having read the foregoing, we approve and sign it in San José, on the ____ day of the month___ of two thousand ____.
__________________________________ Eng. Jorge Mario Rodríguez Zúñiga National Forestry Financing Fund __________________________________ Representative of the Organization
INSTRUCTIONS FOR PREPARING THE FOLLOW-UP REPORT FOR SAF-PAF PROJECTS For the processing of payment at 60 months after the trees are established, the forestry professional issues the following follow-up report:
The undersigned ____________, professional membership No. _______acting as a forestry professional, issues the annual report according to the following criteria.
1. Indicate the owner's name, identity card, and the real property registration number.
2. Add the PSA contract number and the respective disbursement number.
3. Date of visit.
4. Indicate the type of arrangement and the status of the existing SAF in the project (ecological and silvicultural characteristics).
5. Indicate the progress in the execution of the proposed plan.
6. Data on the trees indicated in the study:
7. Indicate the actions taken to prevent hunting, felling, and forest fires, signage, and report any detected anomaly.
8. Recommendations for silvicultural actions for the SAF project.
9. Date and signature of the professional.
10. In all cases, the annual reports must be prepared on white bond paper, to be delivered to the respective Regional Office as a printed original with a copy.
INSTRUCTIONS FOR PREPARING THE ANNUAL FOLLOW-UP REPORT FOR MIXED SYSTEM PROJECTS.
For the processing of payments at 12, 24, 36, and 48 months from the signing of the contract, the forestry professional issues the following follow-up report:
The undersigned ____________, professional membership No. _______, acting as a forestry professional, issues the annual report according to the following criteria.
1. Indicate the owner's name, identity card, and the real property registration number.
2. Add the PSA contract number and the respective disbursement number.
3. Date of visit.
4. Indicate the status of the forest and/or natural regeneration and/or SAF existing in the project (ecological and silvicultural characteristics).
5. Indicate the progress in the execution of the proposed plan.
6. Data on the area and trees requested in the technical study:
7. Indicate the actions taken to prevent hunting, felling, and forest fires, signage, and report any detected anomaly.
8. Recommendations for the protection of coverage and regeneration, and the silvicultural actions for the SAF.
9. Date and signature of the professional.
10. In all cases, the annual reports must be prepared on white bond paper, to be delivered to the respective Regional Office as a printed original with a copy.
DIRECTIVES OF THE BOARD OF DIRECTORS REGARDING CASES OF GMELINA ARBOREA (MELINA) FOREST PLANTATIONS AFFECTED BY THE DISEASE IDENTIFIED AS NECTRIA SP.
1. Background.
*Nectria sp.* is a fungus that is naturally located in the soil, whose asexual state is *Fusarium sp.*, and its development and influence on crops is favored by the limitations of acidity and low fertility of the soils where the projects are developed, as well as poor silvicultural management. One of the characteristics of the fungus is the deterioration of the plant's heartwood, causing its death and deterioration of the wood.
It is of interest to Fonafifo to maintain and stimulate reforestation activity with those species with market value and for these to also be on lands belonging to small forest producers, according to the definition established in Decreto Ejecutivo N° 39871-MINAE.
For projects of PSA- Reforestation with the species melina, the incidence of affectation with the *Nectria sp.* fungus has been increasing in recent years, which is why the Board of Directors decides to establish the general guidelines with which Fonafifo will address cases where the disease is reported, through the following rules:
2. Rules.
The Regional Offices of Fonafifo shall analyze the case files and recommend to the General Director the settlement (finiquito), as appropriate, for the PSA beneficiaries, in those cases where the forest plantations established with the species *Gmelina arbórea* (melina) are affected by the fungus *Nectria sp.*, in a range from medium to high (25% to 40%) according to the diagrammatic scale; and provided it is properly documented in the administrative case file that the pertinent silvicultural and phytosanitary measures (such as thinnings and application of amendments) were taken and the following scenarios apply:
A- For projects by small forest producers with a forest plantation of less than 50 hectares (provided this is the total project area of a single owner).
a. In all cases, when the forest regent has detected the affectation of the forest plantation by the fungus *Nectria sp.*, they must communicate the findings to the beneficiary and to Fonafifo, as well as the proposal for control measures to be applied to combat the disease. The actions taken must be documented in the administrative case file. These preventive measures and the results obtained from their application shall be evaluated by the same forest regent and communicated to Fonafifo, for its assessment.
b. These projects must present a percentage greater than or equal to 25% of affectation with the fungus and must comply with what is indicated in the previous point.
c. To estimate the degree of severity (inoculation) by *Nectria sp.*, the field establishment of permanent measurement plots is required, following the plot recommendations indicated in the current PSA procedures manual.
d. Information on the application of the Diagrammatic Scale to assess the degree of severity (inoculation) of *Nectria sp.* in the forest plantation must be included. (Salas. A. 2014).
e. The measurement data for the plots and the total calculations per hectare must be delivered to Fonafifo.
In these cases, Fonafifo will consider the settlement (finiquito) of the contract without liability for the beneficiary.
B.- For projects by medium forest producers with less than 4 years of establishment and a maximum of 300 planted hectares (provided this is the total area of a single owner) a. In all cases, when the forest regent has detected the affectation of the forest plantation by the fungus *Nectria sp.*, they must communicate the findings to the beneficiary and to Fonafifo, as well as the proposal for the control measures to be applied to combat the disease. The actions taken must be documented in the administrative case file. These preventive measures and the results obtained from their application shall be evaluated by the same forest regent and communicated to Fonafifo, for its assessment.
b. Forest plantations with affectation greater than or equal to 40% where there is no evidence of silvicultural practices to control the incidence of *Nectria sp.*, or such practices did not yield the c. To estimate the degree of severity (inoculation) by *Nectria sp.*, the field establishment of permanent measurement plots is required, following the plot recommendations indicated in the current PSA procedures manual.
d. Information on the application of the diagrammatic scale to assess the degree of severity (inoculation) of *Nectria sp.* in the forest plantation must be included. (Salas. A. 2014).
e. The measurement data for the plots and the total calculations per hectare must be delivered to Fonafifo.
In this case, Fonafifo will consider carrying out a settlement (finiquito) with the return of the resources disbursed up to that point without interest payment, or, failing that, it could allow a change of the planted species, using own resources and the resources remaining to be disbursed.
C. - For plantations over 8 years of age.
a. In all cases, when the forest regent has detected the affectation of the forest plantation by the fungus *Nectria sp.*, they must communicate the findings to the beneficiary and to Fonafifo, as well as the proposal for the control measures to be applied to combat the disease. The actions taken must be documented in the administrative case file. These preventive measures and the results obtained from their application shall be evaluated by the same forest regent and communicated to Fonafifo, for its assessment.
b. Forest plantations with affectation equal to or greater than 25%.
c. Forest plantations with a minimum total volume of 205 m3 or its equivalent merchantable volume of 92.5 m3.
d. To estimate the degree of severity (inoculation) by *Nectria sp*, the field establishment of permanent measurement plots is required, following the plot recommendations indicated in the current PSA procedures manual.
e. Information on the application of the Diagrammatic Scale to assess the degree of severity (inoculation) of *Nectria sp.* in the forest plantation must be included. (Salas. A. 2014).
f. The measurement data for the plots and the total calculations per hectare must be delivered to Fonafifo.
In these cases, Fonafifo will consider a settlement (finiquito) of the contract and the early harvest of the forest plantation, provided that the owner reimburses Fonafifo the amount equivalent to the estimation for the environmental services not provided; in these cases, no interest shall be charged.
D. - For projects by medium forest producers and that are between 5 and 7 years of establishment a. In all cases, when the forest regent has detected the affectation of the forest plantation by the fungus *Nectria sp.*, they must communicate the findings to the beneficiary and to Fonafifo, as well as the proposal for the control measures to be applied to combat the disease. The actions taken must be documented in the administrative case file. These preventive measures and the results obtained from their application shall be evaluated by the same forest regent and communicated to Fonafifo, for its assessment.
b. Forest plantations with an establishment age and an accumulated total volume (including that from thinnings according to data recorded in the certificates of origin, in cubic meters per hectare, according to the volume table established in a current resolution, with the following values:
In these cases, Fonafifo will consider a settlement (finiquito) of the contract and the early harvest of the forest plantation, provided that the beneficiary reimburses Fonafifo the amount equivalent to the estimation for the environmental services not provided, calculated proportionally to the 10-year term, and no interest shall be charged.
c. Forest plantations with affectation equal to or greater than 40%.
d. To estimate the degree of severity (inoculation) by *Nectria sp.*, the field establishment of permanent measurement plots is required, following the plot recommendations indicated in the current PSA procedures manual.
e. Information on the application of the diagrammatic scale to assess the degree of severity (inoculation) of *Nectria sp.*, in the forest plantation must be included. (Salas. A.2014).
f. The measurement data for the plots and the total calculations per hectare must be delivered to Fonafifo.
E. These directives shall not be applicable to:
a. Projects where early cutting has occurred or evidence of high-thinning (removal of the best trees from the plantation before the established rotation or contract term).
b. When there is no documentation in the administrative case file regarding the identification of the disease in the plantation, the indication of the magnitude of the affectation, the proposal for solutions to be applied, proof of the results obtained, or evaluation of the measures applied according to the project's life.
c. In these cases, Fonafifo will assess the case and initiate an administrative procedure to determine the responsibility of the beneficiary.
d. For cases where the damage by *Nectria sp* in melina plantations must be evaluated, from now on, the diagrammatic scale attached to these directives shall be applied.
F. Procedure to determine the incidence of affectation by *Nectria sp* in forest plantations with *Gmelina arbórea*.
1. Incidence of the disease.
Based on the establishment of measurement plots, the incidence of damage (I) and the average severity index (IPS) of the disease shall be determined according to the following formulas, (Arauz, 1998; Couto et al, 2007); The incidence as a percentage is calculated according to the formula:
Once the percentage of incidence of *Nectria* in the plantation is determined, proceed to categorize the severity of the damage of the infected trees, applying the diagrammatic scale 2. Severity.
Estimating the Average Severity Index1 (IPS), according to the formula:
1 For the determination of severity categories, the methodology developed by Salas (2014), specifically for measuring the same disease evaluated in the study, shall be used as a basis. DEATH OF MELINA IN COSTA RICA.
Where the total evaluated units = total number of evaluated diseased trees 2.1. Diagrammatic scale for categorizing the severity of melina trunk rot (visual assessment).
Severity Symptoms A Beginnings of foliar wilt; the stem may have small necrotic wounds with slight blackish exudation generally at pruning points; the appearance of regrowths may begin. Not all symptoms are expressed.
B The tree is visibly affected in the foliage (wilt, smaller size, and/or loss) in more than 50% of the leaf area in a progressive pattern. There may be canker-type lesions (with bulging). Often exudations and appearance of regrowths.
C Individual practically dead standing; total absence of foliage; evident loss and detachment of bark due to canker, and generally presence of regrowths.
D Tree completely dry, rotten; the wood has already completely lost its commercial value.